Did Madera County violate the state’s sanctuary law? ACLU seeking $750K in damages
The state’s sanctuary law is the focus of a complaint filed in Madera County, where jail officials are accused of illegally detaining a man for pick up by federal immigration agents.
The complaint was recently filed by the American Civil Liberties Union Foundation of Northern California on behalf of Ivan Santos Cuevas, an undocumented immigrant the ACLU claims was illegally turned over to U.S. Immigration and Customs Enforcement (ICE).
Passed by the legislature in 2017, California’s sanctuary law (Senate Bill 54) restricts how and when state law enforcement can interact with federal immigration authorities.
Santos Cuevas, who’s seeking $750,000 in damages, was arrested Dec. 27 on suspicion of DUI and booked into the county jail.
The ACLU says Santos Cuevas’ DUI charge doesn’t fall under the list of crimes that allow local law enforcement to cooperate with ICE. According to the ACLU complaint, Madera County jail deputies allegedly held Santos Cuevas 40 to 50 minutes past his jail release time, to allow ICE agents to take him into their custody.
Angelica Salceda, staff attorney with the ACLU, said her organization became aware of Santos Cuevas’ case when he was being detained at ICE’s Mesa Verde Processing Facility in Bakersfield.
Santos Cuevas, who didn’t have a prior criminal record, was deported to Mexico around May 21, Salceda said. “This was certainly a case where an individual was torn from his family as a result of an unlawful practice by (the) Madera County jail,” Salceda said.
Madera County Counsel Regina Garza didn’t respond to requests seeking comment Tuesday. But last week Garza issued a response to the complaint, saying Santos Cuevas was “lawfully arrested and imprisoned for DUI and driving without a license before his release from County jail.”
The response stated it’s the policy of the Madera County jail to comply with state and federal laws. “The County of Madera is currently investigating the matter, and will appropriately respond to the ACLU’s claim in accordance with the law,” the response read.
Salceda said whether the ACLU files a lawsuit in the case depends on the county’s response.
Other sanctuary law complaints filed
Last month, it was reported that the ACLU also filed a complaint against the city of Corona in Southern California, seeking $1 million in damages.
The ACLU alleged a 34-year-old man had been subject of a traffic stop, and after being asked about his immigration status, the officer allegedly held him for ICE agents to pick him up. The man was later deported.
A study in March revealed the Fresno County Sheriff’s Office was among 68 law enforcement agencies in California found to have violated the state’s sanctuary law. The report was based on examination of public records from 169 law enforcement agencies in the state.