Victor Jimenez is a naturalized United States citizen. After being arrested late in the evening on August 28, 2010, Jimenez was taken into custody in Indianapolis. He was eligible for bail almost immediately, but he wasn't released because on August 29, federal immigration agents issued an immigration detainer, which meant Jimenez was to be held pending possible deportation.
An American citizen cannot be deported.
The detainer was issued without probable cause or reasonable suspicion that Jimenez was in the United States illegally. Jimenez, a U.S. citizen since 2000, provided arresting officers with his Indiana driver's license, but still was held for three days without bail at the Marion County Jail because of the immigration detainer. He was never given the opportunity to prove his citizenship to the Immigration and Customs Enforcement agents.
As a result of his unlawful imprisonment, Jimenez, a married father of four, missed two days of work and was unable to accompany his pregnant wife to her medical appointment.
The ACLU of Indiana was able to reach a settlement on behalf of Mr. Jimenez. But there are many more immigrants like him who either don't understand their rights or don't have access to legal services.