Immigration Detainers Are Requests, Not Orders: Protecting Local Governments from Federal Commandeering
Case: Galarza v. Szalczyk, 745 F.3d 634 (3d Cir. 2014)
Summary of the Case
This case focused on the nature of immigration detainers, which are issued by Immigration and Customs Enforcement (ICE) to request that local or state law enforcement agencies (LEAs) hold a person suspected of being a removable alien. The central issue was whether these detainers are mandatory commands or merely requests. Ernesto Galarza, a U.S. citizen, was unlawfully detained in a county prison for three days after posting bail, based solely on an immigration detainer issued by ICE. Galarza challenged this detention, arguing it violated his constitutional rights.
Facts of the Case
- Ernesto Galarza, a U.S. citizen of Puerto Rican heritage, was mistakenly identified as a removable alien and detained in Lehigh County Prison under an ICE immigration detainer.
- Galarza had identification proving his citizenship, but local authorities refused to release him until ICE reviewed his status.
- After three days of detention, ICE lifted the detainer upon confirming Galarza’s citizenship.
- Galarza sued the local authorities under 42 U.S.C. § 1983, claiming his detention violated his Fourth Amendment and due process rights.
Court’s Analysis
The Third Circuit Court of Appeals examined federal regulation 8 C.F.R. § 287.7, which governs immigration detainers. The court clarified that these detainers are requests and do not legally compel local or state agencies to hold individuals for ICE.
The court emphasized that interpreting detainers as mandatory would violate the Tenth Amendment, which prevents the federal government from commandeering state and local governments to enforce federal law.
Conclusion and Outcome
The Third Circuit held that Lehigh County was not legally required to comply with the ICE detainer and could not use it as a defense for Galarza’s wrongful detention. The court reversed the lower court’s dismissal of Galarza’s claims against the county, ruling that detainers are permissive requests, not binding orders.
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