Key word: Illegal.
Via Helena IR:
The American Civil Liberties Union of Montana sued Lincoln County Sheriff Roby Bowe on Thursday in district court there, alleging Bowe is detaining an immigrant man against state law.
Agustin Ramon, a 32-year-old dual citizen of Mexico and France, was booked into the Lincoln County jail in early August on burglary charges, according to the ACLU’s civil complaint. While Ramon’s wife paid a bail bond company the agreed rate of $25,000, officials reportedly told the bondsman that payment would likely not lead to Ramon’s release due to a detainer order from Immigration Customs and Enforcement.
The immigration detainer asks local authorities to hold that inmate for another 48 hours after he would be released; for example, following payment of Ramon’s bond.
The ACLU contends that Bowe is overstepping his authority by holding Ramon on suspected immigration violations, which would be a civil matter, without allowing him to post bond for his criminal charge and be released ahead of trial.[…]
Shahid Haque, an immigration attorney with Border Crossing Law Firm, is also representing Ramon in the complaint. In a press release from the ACLU, Haque said Montana law requires that anyone, including immigrants, must be released from custody once they have posted bond.