Appeals Court Tosses Activist Judge’s Injunction on ICE Detainer

‘To establish any contrary policy at the local level not only violates Indiana law but jeopardizes the safety and security of Hoosiers…’

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Immigration and Customs Enforcement/PHOTO: ICE

(Brian Freimuth, Liberty Headlines) Last week, the U.S. Court of Appeals of the Seventh Circuit threw out an Indiana district court ruling that barred state law enforcement officials from fulfilling detention requests made by federal immigration authorities.

In 2017, activist Judge Sarah Evans Barker of the district court of Indianapolis ruled that the Marion County Sheriff’s Department could not turn illegal alien Antonio–Lopez Aguilar over to Immigration and Customs Enforcement, unless ICE provided an arrest warrant or probable cause.

In 2014, Aguilar was arrested after he appeared in traffic court for a misdemeanor charge of driving without a license.

The sheriff’s office turned him over to ICE following a verbal detention request from an ICE agent.

Aguilar, with the help of the American Civil Liberties Union, filed suit against the Marion County Sheriff’s Department, charging two local police officers with violating his Fourth Amendment rights.

Aguilar and the ACLU argued that by turning him over to Immigration and Customs Enforcement, the department had violated the Constitution’s ban on unnecessary searches and seizures.

In 2017, the Marion County court ruled in Aguilar’s favor and granted him injunctive relief from detention by ICE.

Following Judge Barker’s ruling, the Indiana attorney general’s office appealed to the Circuit Court.

“When federal authorities ask an Indiana police agency to detain a person in the agency’s custody, Indiana law requires the agency to cooperate,” Indiana Attorney General Curtis Hill said.

“To establish any contrary policy at the local level not only violates Indiana law but jeopardizes the safety and security of Hoosiers,” Hill said.

There is no sanctuary law in Indiana that protects illegal aliens from detention requests from federal authorities.

Hill’s office argued that Barker had set an unlawful precedent outside the authority of Indiana state law.

Last Friday, the Seventh Circuit appellate court ruled in Hill’s favor, throwing out Barker’s 2017 ruling.

Indiana law-enforcement officials can now continue to fulfill detention requests made by federal authorities.