Judge Tanya Walton Pratt

By Frank Phillips / DLC Media News

INDIANAPOLIS – A lawsuit naming Clay County and  ICE (US Immigration and Customs Enforcement) as defendants has been dismissed. It was dismissed against Clay County in US District Court Southern District of Indiana, Indianapolis, on March 29. But the request to dismiss some of the complaints against ICE was denied.

The Order was signed by Judge Tanya Walton Pratt.

The lawsuit had been filed on behalf of Maribel Xirum, Javier Jaimes Jaimes and Baijero Toe, noncitizens who were incarcerated in the Clay County Jail.

The lawsuit challenged ”ICE’s authority to continue to detaining them at the jail. It also challenged ICE’s authority to continue paying federal funds to Clay County for the detention of noncitizens , and Clay County’s discretion to use the federal funds for purposes other than the care and safekeeping of noncitizens,” states Judge Pratt’s Order issued on Wednesday.

Even though the Order is good news for Clay County, Xirum, Jaimes and Toe may file an amended Complaint against Clay County within 30 days, according to the judge’s Order.

If, after 30 days, the three individuals listed above do not file an amended complaint against Clay County, the County will no longer be a defendant in the lawsuit.