Montgomery’s county officials announced last week that they would no longer honor detainees in ICE in the county, if they are not accompanied by a court order.
The poviat was the second in the region, which made a change in this month, emphasizing the election that poviats led by democratic, meet the pressure of duels on the part of President Donald Trump’s administration and progressive activists who want officials to adopt a powerful attitude against his program.
Although Montgomery’s counties have found that they have been working on changing the detention policy for weeks, the advertisement took place after days of indignation after the undocumented mother, who with the child in the vehicle allegedly stuck the car into a car of a romantic partner, was picked up by ice because the unit held her for four hours.
The incident occurred among the protest both locally and at the national level – including the escalation of tensions in Los Angeles – the aggressive immigration enforcement policy of Trump.
But the arrest of a woman was not the result of increased enforcement of Trump’s law. Instead, he emphasized the form of enforcement of immigration law used for decades, under the administration on both sides of the political transition. Officials of the county who accept detainees’ requests agree to stop people detained for other reasons up to 48 hours waiting for ICE agents.
These detained are voluntary for local law enforcement agencies, and federal courts have stated that local governments are not obliged to honor the detained ICE and that they may be held responsible if the court finds that the detention will violate the prisoner’s right.
Over the past two weeks, half of the collar in Pennsylvania in Philadelphia The counties, Montgomery and Delaware took steps to stop accepting those detainees if they did not receive an order.
What is ice retention?
If law enforcement officers are aware that undocumented immigrants are currently detained in a local prison or prison, they may ask law enforcement officers across the country to maintain these people for 48 hours after their planned dismissal to give agents time to collect them.
The Federal Court of Appeal, the USA stated in 2014 that these applications are voluntary and that local governments are not obliged to honor them. In addition, he stated that if the prisoner is determined as unlawfully detained, the local government is responsible.
As a result of this case, Lehigh’s Citizens paid a citizen born in Nowy Jersey, who was unlawfully detained in 2010.
Keith Armstrong, a lawyer from American Civil Liberties Union of Pennsylvania, said that the case and other cases When local governments have been sued after honoring detainees, the local authorities should force them to resign from practice.
“It makes sense, both from a human perspective, and and from financial perspective, so that the poviats would not be honored,” said Armstrong.
Do jurisdiction in Philadelphia honor the detainees?
Ricky Palladino, an immigration lawyer who practiced in the Philadelphia region, said that he saw all suburban Filadelphia Filadelphia in recent years, but he could not talk to recent months.
“I saw all collars, each of them, honorary detainees,” said Palladino. “I have a problem with understanding if they couldn’t. It is clearly in federal regulations. They receive a notification from one law enforcement agency to another and usually honor them.”
Since becoming a city of the Sanctuary in 2014, Philadelphia refused to honor the detained ice, if it is not accompanied by a court order. But the official rules differed for the rest of the region.
Since 2014, Montgomery’s county has been maintaining prisoners for an additional four hours after dismissal, giving federal agents the opportunity to arrive and arrest them. The county directed by democratic is in the process of changing this policy, to keep prisoners instead for a maximum of 24 hours only if ice obtains a court order.
Until this month, Delaware, the Fawyra County kept for 48 hours at the request of the detained ice. The executive director of the unit, Barbara O’Malley, changed this policy this year after consultation with the Council of Fountains, composed entirely of Democrats.
From June 2, the unit has ceased to store prisoners of detainees when they meet all other conditions for release. This change, said a spokesman for the countess, was introduced “as a result of deep fears related to the likelihood of ensuring by the Federal Government a proper process for individuals.”
The spokesman for the Chester Flameing told Inquirer that the unit did not keep people only detained at ICE and that the prisoners are not detained for extra time if they were initially arrested for another reason.
In a statement, the spokesman of Bucks said that there are no prisoners who are entitled to dismissal only on the basis of an application for ICE detention. He said that the county would have prisoners after they could release if an order or court order occurs.
AND Temple Law School report in 2019 He said that Chester, Bucks and Montgomery were holding prisoners for four hours after they released the deposit. In response to this report, then the CHESTER CANTER They told the researchers that the unit is neither the policy nor the practice of maintaining prisoners after the planned time of release. CHRESTER CEO generally confirmed that on Thursday, the We -Mail explains that the prisoners are released after the deposit. Scientists noticed that their data in the 2019 report came from public applications from registers submitted to ICE.
Bucks spokesman was not aware of whether the unit ever had a four -hour policy or if it changed.
What is a photo in the whole condition?
AND Temple Law School 2015 report He stated that 32 of 67 Pennsylvania poviats did not honor detained ice. This list, however, included poviats that honored the detainees for a limited time, such as Bucks and Montgomery, and Delaware, which since last year honored the detainees for full 48 hours.
Jennifer Lee, a professor of a temple school who managed both reports, said that there is often no consequences for violating policies against honorary ice.
“People have found ways to notify ICE and informal work on detention policy,” Lee said.
The 2019 report stated that in addition to offering ice cream for the download of prisoners, several poviats in Pennsylvania are proactively shared by the lists of prisoners from ICE, offering the agency, offering the opportunity to determine whether undocumented immigrants can be in prison.
Officials from Chester and Bucks said that poviat policy is providing ICE regular information about the prison population.
Bucks also notifies the agency about expecting editions, and his sheriff, the Republican Fred Harran, submitted an application to attach to the program that would allow his officers to support ICE more directly.
Palladino noticed that even in districts such as Philadelphia, which do not honor detained ice, ICE can still wait before prisons to stop undocumented immigrants by way of exit.
In accordance with the increased enforcement of immigration law, Trump Palladino said that detained prisons became a less significant element of law enforcement. Patelnino said that Ice’s detention is part of the agency’s procedures, but under the current administration of Palladino sees more arrests in targeted operations, in court and in the office of Philadelphia Ice.
“They certainly went from an agency that focuses on foreigners in the criminal context and the use of a detained, really everyone,” said Palladino.
