Washoe County Sheriff Michael Haley announced yesterday, Wednesday September 10th, that people will no longer be jailed due to requests from the feral immigration
In most jails, inmates are processed through a federal system designed
to check their immigration status. Those inmates that are suspected of
being in the country illegally are flagged and issued a "detainer,"
which holds them in custody until Immigration and Customs Enforcement
(ICE) official agents arrive and can consider these inmates for deportation.
However, due to recent court rulings, these ICE detainers are just requests,
not official mandates, creating liability issues for jails if they were
to keep inmates incarcerated longer as desired by federal immigration
“If ICE provides a warrant saying that they are arresting an individual
and are taking them into their custody, we will hold that person on behalf
of ICE,” Haley said. “However, we will not hold a person in
our custody based solely on an ICE-issued detainer saying that they may
have some interest in that person.”
Vaguely, if ICE issues a warrant for people accused of living in the country
illegally, not just a request, individuals could still be held in the
county jail without review by a judge in potential violation of a person's
Fourth Amendment Rights. However, the jail can still hold on to people
that have not gone through the judicial process for probable cause. Essentially,
ICE could abuse this by requesting holds on people who do not meet the
probable cause for official detainment.