Nielsen v. Preap
IRLI filed a friend-of-the-court brief in support of the Trump administration in the U.S. Supreme Court in the administration’s appeal of a Ninth Circuit Court of Appeals ruling favoring criminal aliens and sanctuary cities. The ruling would allow criminal aliens to petition for their release if federal authorities had not assumed custody of them quickly enough.
At issue is a federal law mandating that U.S. Immigration and Customs Enforcement (ICE) assume custody of criminal aliens after they are released from state jail-time for their crimes, and hold them without bond pending deportation hearings. The law was passed to protect the American people from criminal aliens, who had very high rates of committing more crimes when released from state custody.
The Ninth Circuit interpreted language in the law as requiring the prompt or immediate detention by ICE after a criminal alien’s release from state custody. In its brief, IRLI points out that this language really just means that ICE does not have to take custody until an alien is released from state custody – it does not force ICE to assume custody quickly in cases where lack of cooperation by sanctuary jurisdictions would make immediate apprehension difficult. Otherwise, IRLI argues, the law would increase the unconstitutional interference with immigration enforcement that sanctuary policies already cause – hardly a result Congress intended.