It is also likely unconstitutional for multiple reasons. First,
H.R. 3003 likely violates the 10th Amendment by commandeering States to
comply with detainer requests that drain their resources. In addition, the bill's changes to the Department of Homeland
Security's detainer authority exacerbate the current Fourth Amendment
concerns associated with immigration detainers. The bill does not
require any particularized finding about the individual that may form
the basis of a probable cause determination and fails to provide for a
prompt judicial determination of probable cause. The bill further compounds constitutional concerns by eliminating the
ability for a detained individual to obtain an independent,
individualized review of his or her bond determination by a neutral
decisionmaker.
Keywords matched
immigration