Elkhart Sheriff's Coordination with ICE Raises Constitutional Concern

INDIANAPOLIS – It is voluntary for Elkhart County law enforcement to work with ICE, absent a judicial warrant. This type of coordination with ICE discourages immigrants — along with their U.S.-citizen children, neighbors, co-workers, and friends — from reporting crimes and serving as witnesses, creating more fear and less cooperation with local police.

ICE’s use of detainers to imprison people without due process and, in many cases, without any charges pending or probable cause of any violation has raised serious constitutional concerns. The ACLU recommends that law enforcement agencies decline to effectuate any ICE detainer request absent a judicial warrant in order to minimize the risk and liability of holding a person in violation of the Fourth Amendment.