Immigration holding rules changing in Oregon

By Caitlin Conrad/KTVL.com

MEDFORD, Ore — On Wednesday the Clackamas County Sheriff’s Office announced it’s suspending the use of I-247 detainers, and Jackson County could be next. A form Immigration and Customs Enforcement, ICE, agents can use to request a hold on undocumented immigrants in county jails, past the time they are scheduled to be released.

If a county goes along with ICE’s request they can get up to 48 hours to confirm someone’s legal status, and check their criminal record. Thanks to a new Judge’s ruling this process could be changing.

The Clackamas County suspension of I-247 detainers came after an Oregon plaintiff won her case. The woman said she was held in the Clackamas County Jail, and not allowed to post bail because the county was complying with the federal I-247 request.

Maria Miranda-Olivares argued there was no probable cause to hold her, which is a violation of her fourth amendment rights. The US Magistrate, Judge Stewart ruled in her favor. The ruling prompted an I-247 suspension not just in Clackamas County, but in Washington and Multnomah too. The Jails have also released anyone being held on these requests.

Now local immigration attorney in Medford mas are wondering if Jackson County will follow suit. When News10 called County Counsel this morning, Attorney Marc Grimaldi Joel Benton, said the county doesn’t know if it is going to suspend the use of these detainers. However he says they are reviewing the ruling.

Kevin Stout is an immigration attorney in Medford ma in Medford. He says I-247s are common and have been used to detain his clients, “usually all of my detained clients are detained in that manner,” Stout said. He says a suspension is something the county needs to think about, because thanks to the ruling they’re already liable for damages.

The Clackamas case set a two year statute of limitations as the precedent. This means the county could be liable for hardships detainees may have faced, from being held on an I-247 in the Jackson County Jail, in the last two years. Hardships could include lost wages, and plaintiffs could be entitled to those damages.

Stout says over all it’s not a black and white issue. He believes ICE needs a way to detain criminals. However, he thinks there is a way which also prevents 4th amendment violations, “I think the prerogative is going to be on the ice enforcement and removal operations to have to work closer with the jail,” Stout said. He says immigration status can be verified quickly, removing the need for 48 hour holding.

The problem is local ICE agents don’t just cover Jackson County, they’re also responsible for all of Southwest Oregon, and they have a limited staff.

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