A lawsuit filed by the American Civil Liberties Union contends that the Nobles County Sheriff's Office has illegally detained immigrants at the request of federal officials.
Even though Sheriff Kent Wilkening doesn't have the authority to enforce federal immigration law, the suit says, he has held people for "days, weeks and even months" after they've posted bond, completed their sentence or otherwise resolved their criminal cases.
The class-action suit filed in Nobles County names four plaintiffs, three of whom were still in detention as of Friday, said ACLU attorney Ian Bratlie.
"They don't have any legal reason to hold people under our state Constitution," said Bratlie. "All four should have been released."
The suit alleges there are many more who have been and will be detained unless a court grants relief.
Wilkening was not available for comment Friday, nor was Bill Hutton, the head of the Minnesota Sheriffs' Association.
The plaintiffs in the ACLU suit include Worthington resident Rodrigo Esparza, a green card holder and lawful permanent U.S. resident. He was arrested four months ago on allegations of receiving stolen property and sentenced to time served in early August. Wilkening has not released him from detention, however, instead holding him for immigration authorities.
In other cases, the plaintiffs allege that they've been subjected to false imprisonment after paying a bond or after having their case dismissed by a judge.
