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Attorneys representing two Frederick County Maryland sheriff's deputies in an important legal battle, upholding the right of local police to detain aliens without official immigration papers and apprehend aliens wanted by ICE for immigration law violations, have filed a brief explaining for the third time why federal District Judge Benson Legg should reaffirm his March 2012 order dismissing all charges against the Sheriff's Office and its dedicated officers. Access the complete brief below.
The case is Roxanna Orellana Santos v. Frederick County Board of Commissioners et al. Attorneys with anti-citizen action groups CASA de Maryland and Latino Justice (aka Puerto Rican Legal Defense & Education Front) petitioned the federal court in Baltimore under Rule 59(e) to "alter" its March 2012 judgment rejecting the civil rights claims of Roxanna Santos, an illegal alien from El Salvador and absconder from a Texas immigration detention center whom they arrested and transfered to ICE custody in 2009.
"Illegal alien Santos and her many lawyers continue to obstruct and delay justice for our upstanding Maryland police officers," commented IRLI General Counsel Mike Hethmon. "This is the third time they have argued that police cannot ask an alien for his or her immigration documents, or verify the alien's status with ICE, or arrest an alien subject to an ICE warrant posted in the National Crime Information Center (NCIC) database. The court found their arguments without merit the first two times, and we are confident the court will hold that their third attempt at delay and legal intimidation of our clients raises not one single new argument."
The deputies' brief in opposition refutes the bogus constitutional claims of illegal alien Santos point-by-point: (1) State officials such as defendants have inherent authority to enforce federal immigration law; (2) Santos has not demonstrated that defendants were not authorized to arrest her on the immigration warrant and case law shows that NCIC warrants and ICE warrants provide probable cause for arrest; (3) a 287(g) agreement is not necessary to assist in the “apprehension” and “detention” of individuals in violation of federal immigration law and this case illustrates the kind of cooperation envisioned by Congress in drafting 8 U.S.C. § 1357(g)(10); and (4) apart from their authority to detain Santos on the basis of the warrant for her arrest issued by ICE, defendants also had probable cause to arrest Santos for an apparent continuing criminal violation of alien registration laws.
IRLI attorneys Garrett Roe and Mike Hethmon are co-counsel to the defendant sheriffs deputies, with lead attorneys Daniel Karp and Sandra Lee of Baltimore.
|Santos v Jenkins_D105_Defs Oppn to Mtn to Alter Judgment_4-9-2012.pdf||184.22 KB|