Miami-Dade’s Policy of Holding Inmates for ICE Declared Unconstitutional

March 7, 2017

Eleventh Judicial Circuit Judge Milton Hirsch ruled on Friday that Miami-Dade’s policy of holding undocumented immigrants in jail at the request of the federal government is unconstitutional.

The judge said the policy is a violation of the Tenth Amendment five weeks after Miami-Dade Mayor Carlos Gimenez decided the city would no longer be considered a “sanctuary” for undocumented immigrants.

The ruling stems from a Haitian national who pleaded guilty to a felony charge of habitually driving on a suspended license in Miami-Dade. The man was supposed to be released on time served, but remained in custody at the request of U.S. Immigration and Customs Enforcement.

In his ruling, Hirsch said the county has neither a reason nor a basis in law to keep the man in prison. He also added that the federal government is constitutionally prohibited from forcing the county to make the man a prisoner, and the county is prohibited from complying with that demand.

President Donald Trump is very serious about cracking down on illegal immigration. He is adamant about deporting illegal immigrants who have criminal records and reducing illegal immigration throughout the country.

Florida has approximately 900,000 illegal immigrants. Because of this, it is no wonder that our state is at the center of new illegal immigration laws and their implementation.

Whether you are illegal or documented, our South Florida Federal Criminal Defense Lawyers at Whittel & Melton urge you to keep your documents on you at all times. It is also a good idea to have an attorney on hand on the off chance that a database error prompts deportation proceedings.

If you or someone close to you is arrested in Miami-Dade county, and immigration status is an issue, we can help. Call us today at 561-367-8777 or contact us online for a free consultation.