A lawsuit has been filed against both Suffolk County and federal officials in the case of an undocumented immigrant charged with DWI who was handed over to ICE for deportation.
The lawsuit was filed on behalf of Joaquin Orellana Castaneda, originally from Guatemala, by LatinoJustice.
Jose Perez, deputy general counsel with LatinoJustice, says that detainer requests from ICE sidestep probable cause and deny due process.
“Courts around the country have previously determined that these detainers – these administrative requests, absent of court order or judicial warrant of arrest – unconstitutionally deprive someone of their liberty.”
Both Nassau and Suffolk honor detainer requests, which ask that undocumented arrestees be held for 48 hours so the agency can apprehend them.
Suffolk County Sheriff Vincent DeMarco, who is in charge of the Suffolk County Jail, was unavailable for comment.