Judge OKs Immigration Detainer Lawsuit in RI

The Associated Press

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PROVIDENCE, R.I. (AP) — A federal judge has given the green light to a lawsuit by a naturalized U.S. citizen who says she was illegally held on an immigration detainer.

In an order signed Wednesday, U.S. District Judge John McConnell said Ada Morales can go ahead with several claims she brought against officials at U.S. Immigrations and Customs Enforcement and at the Rhode Island Department of Corrections.

Morales was arrested in a benefits fraud case in 2009. After she was ordered released in that case, she was held for a little more than 24 hours while immigration officials investigated whether she was in the country illegally.

Among McConnell's findings was that there was no probable cause to issue the detainer, and it therefore violated constitutional protections against unreasonable searches and seizures.

 

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