9th Circ. Says ICE Detainers Require Probable Cause Review

Law360 (September 11, 2020, 11:22 PM EDT) -- The Fourth Amendment requires U.S. Immigration and Customs Enforcement detainers be subjected to neutral review of probable cause, a split Ninth Circuit panel said Friday in a ruling that also reversed a California federal judge's injunctions limiting immigration authorities' use of databases and local law enforcement officials in their arrest of suspected unauthorized immigrants.

"Because the Fourth Amendment requires probable cause to seize or detain an individual for a civil immigration offense, it follows that the Fourth Amendment requires a prompt probable cause determination by a neutral and detached magistrate to justify continued detention pursuant to an immigration detainer," wrote Circuit...

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