Appeals court: immigration detainers require probable cause

By The Associated Press

news@abc6.com

PROVIDENCE, R.I. (AP) _ The 1st U.S. Circuit Court of Appeals says federal immigration authorities need probable cause to issue an immigration detainer.

The appeals court on Friday affirmed last year's decision by a federal judge in Rhode Island, who found that a naturalized U.S. citizen's Fourth Amendment rights against unreasonable searches and seizures were violated when she was held on an immigration detainer.

The decision means the woman's lawsuit against officials at U.S. Immigration and Customs Enforcement can move forward.

She's also suing officials at the Rhode Island Department of Corrections. The ACLU is representing her.

A spokeswoman for ICE did not address the decision when asked to comment on it, but said the agency is working to put in place a new initiative that prioritizes criminals and individuals who threaten public safety.

© The Associated Press / WLNE-TV 2015