U.S. Citizen Detained by Mistake Sues Miami-Dade Over Immigration Enforcement I The New York Times
“It goes to show just how sloppy this is,” said Rebecca Sharpless, a lawyer representing Mr. Creedle and the head of the University of Miami Law School’s immigration clinic. “What immigration does is check a box on a boilerplate form saying they have probable cause to hold someone in custody, and that is supposed to be constitutionally sufficient to detain them.”
Miami-Dade County was the first municipality to comply with Trump’s executive action and is currently facing a lawsuit by the University of Miami Law Clinic and the ACLU over its decision to put immigrants living in the County at risk.
"The fact that he is a U.S. citizen and is held under these detainers is important because it shows that the probable cause determination on the detainers form does not pass constitutional muster," said Rebecca Sharpless, an attorney for Creedle and director of the University of Miami law's immigration clinic. "If you are a U.S. citizen and a detainer is issued to determine there is probable cause to deport you — that is wrong."
Scott Sundby, a law professor at the University of Miami, said the impact on the criminal justice system will be significant.
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