Galarza: Immigration Detainers are Mere Requests to Local Police

Ernesto Galarza v. Mark Szalczyk
Filed 03/04/14, No. 12-3991
Appealed from USDC for the Eastern District of Pennsylvania

http://www2.ca3.uscourts.gov/opinarch/123991p.pdf

Judges Fuentes and Cowen voted in the majority with a dissent by Judge Barry.

For Mr. Galarza:
Argued by Katherine Desormeau, with Cecilia Wang, ACLU Foundation, San Francisco.  Mary Catherine Roper, Molly M. Tack-Hooper, ACLU Foundation of Pennsylvania.  Omar C. Jadwat, Esha Bhandari, ACLU Foundation.  Jonathon H. Feinberg, Kairy, Rudovsky, Messing & Feinberg LLP, Philadelphia.  Seith Kreimer, Philadelphia.

For Lehigh County:
Thomas M. Caffrey (who argued it), Allentown, PA.

For Attorneys for Amicus Appellant Law Professors and Scholars who Teach, Research, and Practice in the Area of Immigration and Nationality Law and Criminal Law:
Christopher N. Lasch, University of Denver Environment Center, Environmental Law Clinic, Denver.  Rebecca A. Sharpless, University of Miami School of Law.

For Amicus Appellant National Immigration Project of the National Lawyers Guild:
Andrew C. Nichols, Winston & Strawn, Washington DC

The Third Circuit concluded that the provisions for DHS to issue immigration detainers is clear that they are mere requests for local police and jails to hold an immigrant for up to 48 hours.  The local police are not required to comply with the request.  Great work by Mr. Galarza's team!