A judge rebuffed a motion on Nov. 29 by Nobles County and Sheriff Wilkening to stay the temporary restraining order that requires Wilkening to release people from jail when they are eligible under state law and the Minnesota and U.S. Constitutions, instead of holding them for ICE.
Wilkening had been holding people in jail for ICE for weeks and even months after their release date, without a judicial warrant or any probable cause of a crime. ACLU-MN sued to stop the Sheriff from detaining people unlawfully and violating their Fourth Amendment rights.
The ruling reinforces the rights of immigrants who the Sheriff had unlawfully detained, and it means the class-action lawsuit will continue to move ahead.
