Florida County Illegally Detains Immigrants, Class Action Says

An ICE detentions class action lawsuit filed in Florida alleges that Miami-Dade County is violating immigrants’ rights by detaining them for the U.S. Immigration and Customs Enforcement without probable cause.

Numerous parties have joined together to file a class action against Miami-Dade County and its Corrections and Rehabilitation Department, alleging that the county is violating the Fourth and Fourteenth amendment rights of immigrants by detaining them without cause.

Plaintiffs in the case include C.F.C. and S.C.C., two local business owners who were detained by the county, along with the Florida Immigrant Coalition and WeCount Inc.

C.F.C. is a mother of eight and owns a local agriculture business in the Miami-Dade area. After she got into a car accident in May, the other parties involved in the accident “jumped out of the vehicle and became aggressive,” allegedly telling her to “go back to Mexico.”

The cops were called following the accident and she was detained for driving without a license. Despite paying her bond the same day, C.F.C. was not released.

S.C.C. was similarly arrested for driving without a license, even though the state’s laws prevented him from renewing it. After being detained, he was not released despite paying his bond.

The class action claims that Miami-Dade County is detaining immigrants for U.S. Immigration and Customs Enforcement (ICE) without probable cause. Individuals targeted by ICE detentions are allegedly ineligible for bond or house arrest and are being separated from their families with no end in sight.

“Miami-Dade County has taken it upon themselves to hand over immigrants with ICE detainers, including many first-time offenders,” said Maria Rodriguez, the executive director of the Florida Immigrant Coalition. “These people are being held for longer, are often unable to post bond or be reunited with their families. It doesn’t matter how minor the offense is. Littering, loitering or driving without a license is all it takes to get deported. Regardless of what they are charged with, the county has a duty to respect their constitutional rights.”

Plaintiffs in the case allege that these ICE detentions violate the Fourth and Fourteenth Amendments. The Fourth Amendment protects from unlawful searches and seizures and the Fourteenth Amendment defines citizenship and prevents states from depriving individuals of their citizenship rights.

ICE detentions have become more frequent and public following an executive order signed by President Trump in January 2017 which blocked federal funds for sanctuary cities. Although county policy allegedly prohibits complying with unlawful ICE detentions, the county’s Mayor Carlos A. Gimenez told the corrections department to comply the day after the executive order was signed.

The plaintiffs seek to represent a Class of individuals subject to ICE detentions following President Trump’s executive order who have not been released and are being held unlawfully.

Plaintiffs are represented by Edward Soto, Pravin R. Patel, Corey D. Berman, Mark Pinkert and Nicole Comparato of Weil Gotshal & Manges LLP; Alana Greer and Oscar Londono of Community Justice Project Inc.; and Rebecca Sharpless of the University of Miami School of Law’s Immigration Clinic.

The ICE Detention Class Action Lawsuit is C.F.C., et al. v. Miami-Dade County, Florida, et al., Case No. 1:18-­cv-­22956, in the U.S. District Court for the Southern District of Florida.