Navarro Calls for County to Comply with Governor’s Position on Immigration Detainer Requests

Montgomery County Councilwoman Nancy Navarro is calling on County Executive Isiah Leggett to issue a county directive so police agencies in Montgomery County are consistent when it comes to handling Immigration and Customs Enforcement detainers.

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In her memo to the County Executive, Navarro said that it was her understanding that Montgomery County’s “policy for responding to ICE civil detainer requests may be inconsistent” with the policy the state has implemented. Navarro is requesting that Leggett conform the county’s policy related to Immigration and Customs Enforcement (ICE) detainer requests to a directive issued last month by Maryland Governor Martin O’Malley.

The Office of the Maryland Attorney General concluded that, “If a local law enforcement officer does not have probable cause to extend custody over the subject of an ICE detainer, the continued detention likely constitutes a violation of the Fourth Amendment.”

“Governor O’Malley’s bold action and leadership should be commended,” said Councilmember Navarro. “He has been a longtime champion for those without a voice in our community, particularly for our growing and substantial immigrant population. County Executive Leggett has stated that Montgomery County is a welcoming place for all people, and I concur,” said Councilmember Navarro. “We must ensure that everyone’s Fourth Amendment rights are upheld, and that our policies are consistent with Governor O’Malley’s recent action, the advice of the Office of the Attorney General and the U.S. Constitution.”

In recent years, three states, the District of Columbia, at least 25 cities, and 196 counties have limited the extent to which law enforcement agencies may hold individuals with ICE detainer requests, according to a memo from the county.

Patrick Lacefield, director of Public Information for Montgomery County, said Leggett’s office is already looking into the issue.

“There are different interpretations….. we are taking a look at that in light of questions of treating everyone fairly,” Lacefield said.

About Krista Brick

Krista Brick is a multi-media journalist with Montgomery Community Media.

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