• The County doesn’t have to do this.

    The Sheriff says he can’t pick and choose what laws to enforce. In reality, he’s “enforcing” a voluntary request from ICE, not a law.
    He does not have to do that.  

    • FACT:  Even though ICE calls its detainer requests “warrants,” they are not legal warrants. That’s why the Sheriff shouldn’t hold immigrants for up to 48 hours beyond the time they should be released, as ICE requests.
    • FACT:  A legal warrant is one that has been signed by a judge and identifies probable cause for a criminal charge. When a law enforcement agency presents a legal warrant specifically to our County, the Sheriff must and should comply. 
    • FACT:  By contrast, ICE’s voluntary detention requests are not signed by a judge, and they only state that the immigrant named is “suspected” of the civil (not criminal) offense of being in the country without approval. Acting on suspicion alone, without probable cause, violates the individual’s 4th Amendment rights. And ICE’s detention requests are not directed to local law enforcement, another reason our County shouldn’t honor them.
    • FACT:  Holding someone in jail after they should be released requires identifying a new probable cause, which ICE detainer requests do not provide
    • FACT:  Sheriff Driscoll says he has to honor ICE detainers because of Arizona law, specifically SB 1070. However, state law cannot authorize counties to detain someone strictly for a suspected immigration charge. 
    • OUR POINT: The County should only honor legal warrants, not voluntary ICE detainer requests.