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Frederick County, Frederick County Sheriff Jenkins, and two deputies have asked the Supreme Court to review a Fourth Circuit opinion which held that state officers may not detain an alien pursuant to an immigration warrant.
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.
Federal court: Police immigration check on Maryland pedestrian with consular ID card was not unlawful profiling
Federal district Judge Benson Legg of Baltimore has dismissed “with prejudice” the immigration-related unlawful arrest and profiling case brought in 2009 against Frederick County Sheriff Charles Jenkins and two deputy sheriffs by Roxanna Santos, an illegal alien represented by CASA de Maryland and Latino Justice/PRLDEF and assisted by several national corporate law firms.
The court order and memorandum issued on February 7, 2012 (download below) dismissed civil rights allegations for unlawful arrest, racial profiling based on Latina appearance, conspiracy to violate civil rights, and supervisory liability claims against the Sheriff, the Sheriff’s Office, and the Frederick County Commissioners.