The Heartland Alliance, an immigrant rights organization, has sued the U.S. Department of Homeland Security, alleging the agency’s use of detaining orders is unconstitutional, Fox News Latino recently reported.
Immigration authorities like DHS request detainers to keep arrested individuals incarcerated while their citizenship status is investigated. The Heartland Alliance suit says this violates the 10th Amendment, in that it calls on state and local governments to enforce federal law, according to Fox New Latino.
The suit also says detainers target individuals convicted for crimes that would not trigger deportation under U.S. law, the news source reports. The Heartland Alliance said the detaining orders impinge on the rights of U.S. citizens who are imprisoned on suspicion of being illegal immigrants. The suit points to the example of 34-year-old U.S. national Jose Moreno, jailed for narcotics possession in Illinois and subject to a detaining order despite his citizenship status.
A recent National Hispanic Leadership Agenda progress report praised the Obama administration for blocking strict immigration laws in states like Arizona and Alabama, but said the number of deportations needs to be cut.