IRLI filed an amicus curiae brief in a lawsuit brought by an alien challenging his detention by Davidson County, Tennessee Sheriff Daron Hall pursuant to a hold request by Immigration and Customs Enforcement (ICE). ICE had arrested the alien, Abdullah Abriq, and requested the Sheriff to hold him for a short time while removal proceedings to expel him from the United States were pending.
In the case of Abriq v. Hall, Abriq sued Sheriff Hall, Davidson County, and the Metropolitan Government of Nashville, claiming that his detention was unconstitutional and it violated federal and state law. IRLI showed in its brief, however, that federal law expressly provides for cooperation between immigration authorities and state and local jurisdictions, including detaining aliens subject to removal.
IRLI’s brief also explained that a formal written agreement is not necessary for any state or local jurisdiction to cooperate with ICE. Finally, IRLI argued that if Tennessee law requires such an agreement, federal law preempts it because the law would thwart congressional objectives and Congress has occupied the field of federal, state, and local cooperation.
The War on Cooperation with ICE, Aug. 17, 2018
IRLI Files Brief Defending Tennessee Sheriff in Lawsuit Brought by Alien for Wrongful Detention, June 30, 2017