Walla Walla, Kitsap and Thurston counties are some of the first confirmed counties in Washington to change their policy following a recent court decision in Oregon that found that such detainer requests from U.S. Immigration and Customs Enforcement are not commands that local jurisdictions have to abide by, and that sheriffs could be liable for constitutional violations for holding people past the time when they would otherwise be released.
"It significantly reduces the possibility that Walla Walla County will get sued for similar conduct that got Clackamas County sued," Sheriff John Turner told The Associated Press on Tuesday.
Clackamas County was sued after a woman — who was found guilty of contempt of court and sentenced to 48 hours in jail — was detained for more than two weeks because of an ICE hold. A federal judge ruled earlier this month that the county that detained the woman violated her rights under the Fourth Amendment by prolonging her incarceration without probable cause. She had been eligible to leave after posting bail.
In Colorado, Denver Sheriff Gary Wilson said Wednesday that he would stop honoring ICE detainer requests, joining a handful of other counties in the state that have made the same decision. Those include Boulder, Mesa and San Miguel counties.
Nearly 30 counties in Oregon changed their policy following the court ruling.
