4th Circuit: Law Enforcement Officers may not Detain or Arrest Solely on Immigration
The Fourth Circuit Court of Appeals has ruled in Santos v. Frederick County Bd. of Com’r that absent express direction or authorization by federal statute or federal officials, state and local law enforcement officers may not detain or arrest an individual solely based on known or suspected civil violations of federal immigration law.
The Court found that where law enforcement officers are not authorized to engage in immigration law enforcement under agreement with the Attorney General they lack authority to enforce civil immigration law and any arrest or seizure predicated on immigration law violations abridge an individual’s rights under the Fourth Amendment when such seizure is solely based on an outstanding civi ICE warrant. By Matthew MKolken, Esq.