• Immigrants have rights, and those rights are being violated.

    Many people assume only citizens have rights under the U.S. Constitution. Instead, all residents have rights.

    • FACT:  Several Supreme Court decisions have confirmed that equal protection under the law, as established by the 14th Amendment to the Constitution, applies to all residents, both citizens and noncitizens. Because noncitizens can end up deported after being jailed for even minor traffic or other offenses, their right to equal protection is being violated.
    • FACT: The 4th Amendment to the Constitution says people cannot be detained without probable cause. But ICE detainers don’t establish probable cause, so the County should not honor them.
    • FACT: The 5th Amendment to the Constitution requires due process. ICE detention requests are not signed by a judge nor do they specify probable cause for a criminal offense. So when the County detains someone for ICE, they are violating the person’s right to due process. 
    • OUR POINT: The County should uphold the Constitution of the United States. That means not holding people on the basis of voluntary ICE detainer requests.