Surprise: Federal Judge In Los Angeles Finds ICE Detainers Un-Constitutional

Everyone put on a shocked face

(LA Times) A federal judge in Los Angeles has ruled that police departments violate the Constitution if they detain inmates at the request of immigration agents, marking the latest legal setback for the Trump administration’s plans to identify and deport immigrants in the country illegally.

In his order issued Wednesday, U.S. District Judge Andre Birotte Jr. found that a now-defunct policy of the Los Angeles County Sheriff’s Department violated the constitutional rights of inmates who were kept in custody at the behest of Immigration and Customs Enforcement officers.

Birotte’s strongly worded order bolstered similar previous court rulings, which found police cannot legally honor such detainer requests from ICE.

“The LASD officers have no authority to arrest individuals for civil immigration offenses, and thus, detaining individuals beyond their date for release violated the individuals’ Fourth Amendment rights,” Birotte wrote.

The Sheriff’s Department has not delayed releasing inmates on ICE’s behalf since 2014 and none of California’s 58 sheriffs are willing to fulfill the ICE requests. Police in other parts of the country, however, continue to hold inmates to allow ICE agents time to take them into federal custody for possible deportation. Judges elsewhere could look to this week’s decision for guidance when deciding future cases.

ICE detainers typical ask jails to inform them prior to releasing illegals and/or hold the illegal for 48 hours. If ICE fails to show, then it is on ICE that the illegal alien is release. Remember, these are illegal aliens who have been in jail. They’ve either been picked up for some crime and are going to be released, or have been incarcerated, convicted of some offense. These are the people California’s sheriffs and other law enforcement, as well as Judge Birotte Jr are protecting.

Birotte also went on to rule against several other things that ICE does, such as

Under the terms of the lawsuit, the ruling voids any pending detainer requests that were issued by ICE officials in Southern California. That designation is important since ICE officers working out of a facility in Orange County issue detainer requests to police departments in dozens of states around the country.

I’ve written it before and I’ll write it again: if the pro-illegal alien forces want to play this game, then ICE should have their own judge who sits around and signs warrants. Pro-illegal supporters say they want warrants? Give them warrants. Then, if they try and block those warrants, if they fail to enforce them, then those pro-illegal forces can be arrested for obstruction. Because you know they’ll try. They’re all, including the ACLU, which is involved in the lawsuit, putting illegal aliens ahead of American citizens and those who are lawfully present.

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14 Responses to “Surprise: Federal Judge In Los Angeles Finds ICE Detainers Un-Constitutional”

  1. Jeffery says:

    tRump should stay the order and have Judge Andre Birotte arrested. While they’re at it they check Judge Andre Birotte birth certificate. Andre Birotte is a foreign-sounding name.

    Once Birotte is out of the way, tRump can install his own judge to issue warrants that tRump wants.

    Do the judges not understand that there’s a new sheriff in town and his name is Marshall tRump?

    In the mean time tRump and his allies in the GOP are installing hundreds of federal judges to do whatever tRump wants, but that process is too slow for these exigent times.

    Marshall tRump needs to declare martial law.

  2. Stosh says:

    Guess ICE will have to be content with arresting all illegal alien invaders at their schools, workplaces and courthouse steps, regardless of who gets swept up. Their job is still enforcement of immigration law.

  3. McGehee says:

    It’ll probably have to go all the way to SCOTUS, but this ruling is ludicrous on its face — otherwise all enforcement of immigration law is likewise unconstitutional.

  4. Jl says:

    Funny that the Dems, when they had a super-majority in Congress, didn’t do anything about this situation. It’s almost like they’re hypocrites.

    • Jeffery says:

      They had a supermajority (Dems + Independents) for two periods… one for a month during a summer recess and another for 4 months. They were also busy with the sick economy. And with President Obama they didn’t have to worry about the Dreamers. Who knew the white nationalist tRump would pull his bone headed stunt.

  5. Dan says:

    The subject is NOT complicated. The law is clear. It is the responsibility of the federal government to set policy and laws controlling immigration. If ANY local official willfully interferes with the administration of those laws they are openly engaging in Obstruction Of Justice. The simple solution to these activist criminals in black robes is to ARREST THEM. Make them face the music in FEDERAL COURT. When a couple of these blackrobed pirates end up in federal prison you’ll see this liberal activism from the bench come to a screeching halt.

    • Jeffery says:

      Yes! But you don’t go far enough! tRump should send his Gestapo to drag these black-robes “intellectuals” into the town square and hang them. Then, America would get the message that this Dear Leader is not to be messed with! What good is power if you don’t use it?

  6. drowningpuppies says:

    Andre Birotte, another brother appointed by Barack Mugabe.

    Surprise, yo.

  7. Jl says:

    So in other words, J, they’re hypocrites. But you knew that. And if worried about the economy, why pass Obamacare during that period? Duh

    • Jeffery says:


      Universal healthcare will DECREASE the burden on the economy. Each American will end up paying less. The US pays twice per capita in healthcare costs than do most other advanced nations, amounting to a wealth transfer from the working classes to the wealthy of over $1 trillion per year. It’s small wonder that the GOP opposes universal healthcare. We pay three times per person what the communist Israelis do! We’ll get around to universal care but it will take longer than we hoped.

  8. Jl says:

    Which is why after Obamacare passed, the Dems lost about 900 state legislative seats, the US House, the US Senate and the Presidency. Got it

    • Jeffery says:

      And every advanced nation on Earth, including Australia, Austria, Belgium, Canada, Denmark, England, Finland, France, Germany, Holland, Ireland, Israel, Italy, Japan etc… you get the idea… spends on average about 1/2 of what we do per person AND covers every resident. We spend an unnecessary $1 trillion EVERY year on health care and don’t even cover everyone.

      This demonstrates the stranglehold the elites have on America.

  9. Jl says:

    So in other words the people of America didn’t want Obamacare. As I said.

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