Florida county sued for detaining US citizen on immigration request

A lawsuit filed against the Miami-Dade County in Florida and its mayor charges them with violating the 4th Amendment rights of a US citizen, according to a coalition of activists and groups that includes the American Civil Liberties Union.

Garland Creedle, 18, was arrested in Miami-Dade County in March over allegations of a domestic violence dispute. Though he was cleared for release, he was held for 48 hours at the request of federal immigration officials – an act that he says violated his constitutional rights.

Mayor Gimenez caused outrage when he overturned years of county policy and ordered jails to approve all immigration detainer requests, instead of only those for people facing serious charges.

The ACLU alleges the system by which local law enforcement agencies detain immigrants arrested for unrelated causes is illegal. The group also claims that Florida law “prohibits jail officials from detaining people for civil immigration purposes.”

“Our case illustrates how sloppy the system is. It should be obvious that if a US citizen falls in the net, something must be wrong,” ACLU of Florida attorney Amien Kacou told WGCU. “Beyond the question of how sloppy the system is, there is a fundamental problem to do with the lack of legal authority.”

Kacou said Immigration and Customs Law Enforcement (ICE) agents lack a proper statutory mandate to issue detainers under the US Constitution, and under Florida law.

The detainers are “simply requests” and ICE “lacks the authority under the Constitution because there is a separation between matters of national interest and matter of local or state interest, and that cannot be breached without some degree of Congressional intent in general,” Kacou argued.

From January to mid-June, Miami-Dade has turned over 124 detainees to ICE custody, according to the Guardian.

STRATEGY SESSION

Schedule Your Consultation Now

Name

All fields are required. Florida Immigration Law Counsel is a law firm. However, the use of the internet or this form for communication with us does not establish an attorney-client relationship. We will discuss your options with you.

More Posts

More Posts

Attorney Saman Movassaghi, Esq.

Caring and compassionate, Saman Movassaghi Gonzalez is a Florida immigration attorney dedicated to producing the results her clients need. She has over 17 years of experience helping both corporate and individual clients with an emphasis in employment/investment cases and family adjustment cases.

As the Managing Attorney at Florida Immigration Law Counsel, Saman Movassaghi Gonzalez and her team are capable of representing and helping individuals looking to attain a Family VisaWork Visa, and Citizenship/Naturalization. Her experience successfully representing clients in front of the Department of Justice for cases involving Deportation/Removal Proceedings will lead to success in your case.

Her experience and expertise in immigration litigation has led to multiple Avvo awards and other accolades, including the Clients’ Choice for 2017 Immigration Attorney. Her clients also consistently post positive reviews on her Facebook page. Her experience has also allowed her to teach a new generation of lawyers as an adjunct professor of law at Nova Southeastern University, and she also regularly gives speeches on immigration matters.

Counselor Gonzalez is also experienced in helping corporate clients through the process of filing for Employment Visas, Labor Certifications, and Business and Investment Visas with the Department of Labor. She takes on the entire case from start to finish, simplifying the process for her clients and allowing them to focus on their business.

Fluent in English, Spanish, and Farsi – Saman Movassaghi Gonzalez is dedicated to making her clients feel comfortable and assured in making her their go-to immigration attorney in Florida. Her goal is to ensure that those who want to live the American dream have a professional fighting for them and making the process as painless as possible.

Saman’s passion for immigration law stems from her personal life as the daughter of immigrants. Her parents were recipients of the student F1 visa in 1971. Her father came into this country with the goal to improve his life and the life of his children. He earned a PhD in Civil Engineering and Business, instilling in his daughter a strong work ethic that she carries to this day. Saman saw firsthand what it means to be an immigrant and achieve the American Dream.

Saman Movassaghi Gonzalez can personally understand the struggle of immigrants and the children of immigrants navigating through the bureaucratic process of immigration law. Because of this, she dedicates herself fully and provides her personal attention to every case. She prides herself on developing a strong relationship with each and every client, and she is not afraid of pushing the envelope and looking for answers where other attorneys have failed.

Saman Movassaghi makes it her goal to provide you with only the best representation for immigration matters because she believes it’s time for you to live the American dream!