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Posted on: April 10, 2018

Jail District Board of Directors desire federal judicial decision

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The Coconino County Jail District Board of Directors are named defendants in a pending suit filed by Guillermo Tenorio-Serrano.

The Board of Directors view this case as an opportunity to seek a ruling on whether 4th and 14th Amendments of the U.S Constitution supersede that part of a 2010 Arizona State Law known as SB 1070, which discusses local law enforcement’s role in U.S. immigration law.

In effect, the lawsuit calls into question the legality of the current jail policy, and asks the courts to determine whether local law enforcement is required to, or may, enforce federal immigration law through compliance with ICE detainers and warrants.  

The question arose when Petitioner, Tenorio-Serrano, filed suit against the Jail District Board of Directors claiming the detention facility is in violation of his 4th and 14th Amendment rights by representing that he will be detained up to 48 hours under an ICE detainer and warrant after posting bond on pending state law criminal charges. The Directors have hired outside legal counsel to represent the Board in this matter.

“There have been other court cases in other states where SB 1070 does not exist,” said Board Director Chair Matt Ryan. “The question regarding the constitutionality of this section of SB 1070 is important to the Directors. We strive to protect the civil rights of all its citizens, regardless of status and follow the law of the State of Arizona. The Directors are asking the Federal Court for a decision relative to the constitutionality of this section of SB 1070.”

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