Summary
The D.C. Circuit held that U.S. Marshals lacked authority to detain a criminal defendant based on an ICE immigration detainer because they had not completed the federally mandated training for civil immigration arrests. Assuming the Attorney General's delegation orders were valid, the court found the specific arrest unlawful due to this regulatory training deficiency. The court also vacated the district court's class-wide permanent injunction, ruling that 8 U.S.C. § 1252(f)(1) statutorily prohibits lower courts from enjoining the operation of specified immigration provisions on a class-wide basis. The case was remanded for entry of an appropriate individual remedy.
Topics
Practice areas
Questions Presented
- Whether the United States Marshals were authorized to make a civil immigration arrest of N.S. pursuant to immigration detainer and warrant documents.
- Whether the Marshals' lack of required immigration-law-enforcement training prevented them from exercising delegated civil immigration arrest authority.
- Whether 8 U.S.C. § 1252(f)(1) barred the district court from issuing a class-wide injunction preventing the Marshals from making civil immigration arrests and detentions.
- Whether the statutory status of 8 U.S.C. § 1252(f)(1) as jurisdictional, and any resulting waiver or forfeiture, had to be decided.
Holdings
- The Marshals were not authorized to make a civil immigration arrest because the applicable regulations require designated immigration officers to complete basic immigration-law-enforcement training before serving an I-200 form or making the relevant civil immigration arrest, and the Marshals had not completed that training.
- Section 1252(f)(1) barred the district court from issuing a class-wide injunction preventing the Marshals from arresting and detaining criminal defendants for suspected civil immigration violations because the injunction directly and substantially restricted federal officials from carrying out provisions covered by that statute.
- The court did not decide whether § 1252(f)(1) is jurisdictional or subject to waiver or forfeiture; it exercised discretion to overlook any waiver or forfeiture because an intervening change in law made the government's failure to raise the issue below excusable.
Key quotations
“We hold the district court correctly determined the U.S. Marshals were not authorized to make civil immigration arrests because they had not undergone the training required by regulations governing civil immigration arrests.” (11)
“By preventing Marshal Dixon and his agents from making civil immigration arrests, the injunction directly and substantially restricts the ability of those federal officials to “carry out” provisions covered by § 1252(f)(1) and pro tanto frustrates enforcement of the law.” (18)
Factual background
N.S. was arrested for robbery and destruction of property and released on his own recognizance after a magistrate judge found that he was not likely to flee or pose a danger to the community. Before he could leave the courthouse, United States Marshals detained him based on an ICE immigration detainer. The Marshals had not completed the immigration-law-enforcement training required by regulations governing civil immigration arrests.
Procedural history
N.S. was detained by United States Marshals pursuant to an immigration detainer after a District of Columbia Superior Court magistrate judge ordered his release from criminal custody. The district court certified a class, granted summary judgment to N.S., and permanently enjoined the Marshals from arresting and detaining criminal defendants in the Superior Court for suspected civil immigration violations. The D.C. Circuit held that the Marshals lacked authority to make the arrest because they had not completed required immigration-law-enforcement training, but vacated the class-wide injunction because 8 U.S.C. § 1252(f)(1) barred that relief and remanded for reconsideration of the appropriate remedy.
Remand instructions
Remand to the district court to reconsider and enter an appropriate remedy consistent with 8 U.S.C. § 1252(f)(1).