Madera County Administrative Complaint (Unlawful ICE Transfer)
On December 28, 2018, the Madera County Jail re-imprisoned Ivan Santos Cuevas and unlawfully transferred him into U.S. Immigration and Customs Enforcement custody. Santos Cuevas had been arrested the previous night, and was scheduled for release in the early morning. However, at the time of his release, Madera County Jail re-detained him, and held him until ICE agents arrived.
On June 26, 2019, the ACLU filed a complaint with the County of Madera. The complaint argues that Madera County Jail deputies violated the California Values Act, which prohibits alerting federal immigration agents of an individual’s release date from county jail and transferring him unless he has been convicted of certain crimes. The complaint also alleges that deputies violated Santos Cuevas’ Fourth Amendment right against unlawful search and seizure, as well as the Department of Corrections' own internal policies.
The ACLU is demanding restitution for Santos Cuevas, who suffered extreme emotional distress, had his constitutional rights violated, and was deported from the United States. If the county fails to act on the complaint, a lawsuit could follow.