It claims that the Stop Sanctuary Policies Act includes "provisions requiring DHS to absorb all liability in lawsuits brought by individuals unlawfully detained in violation of the Fourth Amendment." This is false. If a lawsuit alleges that a local officer knowingly violated Fourth Amendment or other constitutional rights. then under S.2146. the individual officer will bear all liability not the federal government. For some lawsuits. the U.S. will be substituted as defendant specifically. suits alleging that that the immigration detainer should not have been issued. But such a claim could already be brought against the U.S. under existing law. thus. S.2146 does not create a new source of liability for the federal government.
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immigration