Denver Law News

October 5, 2016

Assoc. Prof. Chris Lasch’s amicus brief on unlawful detainers cited favorably in federal district court

On September 30, an amicus brief written by Associate Professor Chris Lasch (and signed by 46 law professor from around the country) was cited favorably (referenced as “persuasive”) in an opinion issued by the federal district court of the Northern District of Illinois. The district court “invalidated the federal government’s practice of issuing detainers against people in law enforcement custody, ruling that the practice exceeds the government’s limited warrantless arrest authority under federal immigration laws. The decision, issued Friday evening, will nullify thousands of detainers issued out of the U.S. Immigration and Customs Enforcement (ICE) Chicago Field Office to law enforcement in Illinois, Indiana, Kansas, Kentucky, Missouri, Wisconsin, as well as some detainers sent to law enforcement in 24 other states.”

Professor Lasch has been making the argument against this governmental practice in his scholarship for many years. “It’s amazing to see his argument adopted by the court,” said Associate Professor Robin Walker Sterling, who works with Lasch in the law school’s Criminal Defense Clinic, “and to see it be potentially responsible for the release of literally thousands of wrongly detained people.”

A press release on the decision – as well as the court’s decision and order — can be found here.


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