Indiana Attorney General Curtis Hill filed an appeal in a case involving a man who was detained at the request of immigration officials.
Immigration detainers are placed on people arrested on local criminal charges. A policy established in Marion County last year prohibits detainer requests from immigration customs or ICE for suspected undocumented immigrants with minor offenses.
The policy was motivated by the 2014 detention of Antonio Lopez Aguilar, held after a traffic violation. ACLU of Indiana Attorney Jan Mensz argues against the legality of that detention.
“We believe that he was not held based on any kind of probable cause, warrant or suspicion of a criminal violation, and we believe that that violates the Fourth Amendment,” says Mensz.
The Marion County policy restricting detainers was upheld in federal court two months ago. Mensz says a federal judge ruled in favor of the agreement between the ACLU and the Marion County Sherriff’s Office.
“Under her interpretation of that law the stipulation doesn’t conflict with state statute and the state is appealing that ruling,” say Mensz.
But Indiana Attorney General Curtis Hill is appealing that decision. In a statement, Hill said law enforcement agencies are required to cooperate, and the ruling “jeopardizes public safety.”
The appeal filed this week is expected to get a hearing this spring.
