The practice of keeping inmates in detention even longer than needed by state or local charges because of holds requested by immigration officers in a Northern Arizona jail is being challenged by a lawsuit. Last month, the suit was filed by inmate Guillermo Tenorio-Serrano against officials in Coconino County on the grounds that the jail policy is unconstitutional, according to the Arizona Daily Sun.
Inmates have been held for as much as two days longer than necessary by the Coconino County Jail, enabling agents with Immigration and Customs Enforcement to take people who are suspected of being undocumented immigrants into custody. Tenorio-Serrano was arrested on driving under the influence misdemeanor charges in December. When jail staff notified immigration agents, they issued a detainer request and administrative warrant.
The 32-year-old could have made bail but declined to do so in order to avoid Immigration and Customs Enforcement agents taking him into custody. Staff must comply with detainer requests, according to jail policy. The suit names Sheriff Jim Driscoll, who claims that the policy complies with a state law that says agencies must provide cooperation and assistance to federal immigration authorities.
Driscoll says that he will always try to comply with requests from federal agencies and that it is up to the court to decide whether those requests are legal. The Coconino Board of Supervisors said the lawsuit offers the chance for a final ruling on whether some aspects of state law are indeed constitutional.