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Appellate Court Stops Local Law Enforcement Agencies From Detaining Immigrants for ICE

Detained by ICE

A recent ruling by a New York appellate court will stop local police stations from acting to detain immigrants on behalf of Immigration and Customs Enforcement (ICE) officials. The case in question involved an immigrant who had pled guilty to disorderly conduct and was sentenced to time already served. Instead of releasing him, however, Suffolk County law enforcement officers detained him and delivered him to ICE on an outstanding visa violation. The three-judge court found that this detention exceeded the authority of the local sheriff’s office and represented an abuse of power on the part of those who participated in this action.

A Request Is Not Sufficient

In its decision, the Appellate Division of the New York State Supreme Court found that the Suffolk County Sheriff’s Office exceeded its authority by acting on a request by ICE to detain immigrants on behalf of the federal agency. The court did find that local police departments and sheriff’s offices could detain individuals wanted by ICE if they were in possession of a warrant issued by ICE officials for the detention of these immigrants. A simple request, however, was not deemed sufficient cause for detaining immigrants on behalf of ICE after all charges against them have been resolved in or out of court.

A Proactive Defense Is Essential

For immigrants concerned about their status with ICE, contacting a qualified New York immigration attorney can be a solid first step toward resolving visa issues and achieving the legal right to remain in the U.S. Your New York immigration attorney can provide you with guidance and support in managing paperwork, filing applications and dealing with ICE and other federal agencies to ensure the best possible outcomes for you and your family. This can help you enjoy greater peace of mind and increased confidence in all your everyday activities.

At Pozo Goldstein, we can provide you with the New York immigration attorney services you need to resolve your issues quickly and effectively. Our legal team includes a former judge and two former prosecuting attorneys in the immigration field. This depth of experience ensures that we can provide you and your family with the most practical and effective strategies and solutions for all your immigration needs. Call us today at 212-201-9031 to schedule a consultation with our team of attorneys. We look forward to the opportunity to help you and your family pursue your own American dreams.