An Appellate Court in Brooklyn Ruled Wednesday that Local Police Officers in New York state Can't Arrest Immigrants solely to Turn them over to Immigration and Customs Enforcement (ICE) Without a Judicial Warrant.
The Case involved Susai Francis, an Indian National living on Long Island who Overstayed a Visa in the 1990s.
After an Arrest in Nassau County in June, 2017, for Driving under the Influence, he was Transferred to Suffolk County to Complete a Different Proceeding there Involving a Criminal Charge.
In December, he Pleaded Guilty to Disorderly Conduct and was Sentence to Time Served.
But instead of letting him Leave Court, Suffolk Police Rearrested him at the Request of ICE.
He was taken to a Jail Cell in Riverhead Rented by ICE.
On Wednesday, a Three-Judge Appellate Court Panel found this Violated state Law because the Suffolk Police went Beyond their Authority.
ICE Detainers ask Police to hold Someone already in Custody for 48 hours, to Facilitate a Transfer.
By putting Francis back in Jail, the Court found Suffolk went too Far.
The Ruling said, "local law enforcement officers are not authorized to effectuate arrests for civil law immigration violations." The court found they could, however, if
ICE showed them a warrant signed by a judge.
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