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Uninformed lawmakers looking to score cheap political points on both the federal and state levels have been pushing legislation that would punish fake “sanctuary cities” (they don’t really exist) or those that do not comply with ICE detainer requests for valid, constitutional reasons. When police arrest a suspected undocumented immigrant for a crime, U.S. Immigration and Customs Enforcement will sometimes, but not always, issue a request to hold the individual for 48 hours after he is constitutionally authorized to leave the custody of the local law enforcement agency, so he or she can be picked up by immigration agents to begin removal proceedings. In “sanctuary cities,” many of whom have been found liable for damages for unlawfully holding individuals in this exact scenario, local police do not always comply with these requests, often because the suspect has not committed a violent or serious crime, and usually because they don’t want to get sued!

To increase compliance, Texas legislators illogically passed Senate Bill 4, a law that imposes punishments on indivdiual officers who refuse to comply with ICE detainer requests in the form of a fine and possibly being removed from office. It also gives police the authority to ask people about their immigration status during traffic stops and other routine interactions.

The law was challenged in a lawsuit filed by the American Civil Liberties Union and last month was blocked by Chief U.S. District Judge Orlando Garcia, who found several key provisions of the law to be unconstitutional. Specifically, according to U.S. News, Judge Garcia blocked the part of the law that requires police to comply with ICE detainer requests and the part that prevents local officials from introducing policies that would limit immigration enforcement in Texas. Anyone who believes this law will be found constitutional at some point have been spending too much time in Colorado.

In the state of Georgia, so-called “sanctuary cities” have been outlawed since 2009. In order to get state funding, local governments are required to certify that they are complying with federal immigration agency requests.

If you or a member of your family have questions about detainers, holds, or any immigration matter, it has never been more important to learn about possible ways to see if you can adjust your immigration status. To discuss your situation with a green card lawyer in Atlanta, contact Kuck Immigration Partners. Charles Kuck understands what’s at stake for you and your family, and he will compassionately help you pursue your immigration goals. Call 404-816-8611 today to schedule a consultation.

Multiple Cities Are Filing Lawsuits over Order to Withhold Federal Grants from Sanctuary Cities

Several cities around the United States, including Philadelphia, San Francisco, and Chicago, are filing lawsuits in response to Attorney General Jeff Sessions’s illegal and unconstitutional order in July to withhold federal grants from cities that refuse to comply with ICE detainer requests. The lawsuits allege that it’s illegal for the federal government to withhold public safety grants.


Sessions’s order was just one of many misguidaed crackdowns on “illegal” immigration that have been introduced during President Trump’s administration. All of these crackdowns, so far, have done far more harm than good. If you are concerned about how new immigration policies will affect your family, contact Kuck Immigration Partners. Call 404-816-8611 to discuss your situation with an immigration attorney in Atlanta.


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Charles Kuck

Managing Partner