IN: There is no immigration exception to the 4A

There is no immigration exception to the Fourth Amendment. The City can conclude that immigration administrative detainers violate the Fourth Amendment. City of Gary v. Nicholson, 2021 Ind. App. LEXIS 381 (Dec. 10, 2021):

Here, likewise, the scope of the facial challenge is narrow, clearly defined, and susceptible to only one interpretation, and the hurdle of a Fourth Amendment facial challenge is easily cleared. For these reasons, just as the court concluded in Buquer, we hold that the arrest and detention of a person conducted solely on the basis of known or suspected civil immigration violations violate the Fourth Amendment when conducted under color of state law. Accordingly, federal permission to cooperate in federal immigration enforcement does not mean that state and local law enforcement officers are authorized to comply with immigration detainers or administrative warrants standing alone in violation of the Fourth Amendment.
. . .

In sum, as the Supreme Court of the United States has stated, “it is not a crime for a removable alien to remain present in the United States.” Arizona, 567 U.S. at 407. Both immigration detainers and administrative warrants are administrative documents issued by an executive branch agency without the intervention of a detached and neutral magistrate. Under the Supremacy Clause and the doctrine of preemption, state and local governments are subordinate to the federal government in immigration matters. But neither the Supremacy Clause nor the preemption doctrine supersedes or preempts the Fourth Amendment, which, of course, applies to state and local officials acting under color of state law. This is especially true where state and local participation is voluntary. See El Cenizo, 890 F.3d at 178 (noting “Tenth Amendment prevents Congress from compelling … municipalities to cooperate in immigration enforcement”). And neither Section 3 nor Section 4 has altered, nor can alter, the operation and effect of the Fourth Amendment. There is no immigration law exception to the Fourth Amendment.

Another fine example of a state refusing to go along with a federal “request,” albeit not a federal mandate.