First Circuit
Morales v. Chadbourne, 235 F. Supp. 3d 388, 400-01 (D.R.I. 2017) (“It was most certainly beyond debate in 2009 that an ICE officer should not issue a detainer without probable cause, . . . and should not conduct an investigation that was so obviously deficient.”).
Morales v. Chadbourne, 793 F.3d 208, 215-17 (1st Cir. 2015) (stating that “it is beyond debate that an immigration officer in 2009 would need probable cause to arrest and detain individuals for the purpose of investigating their immigration status”).
Eighth Circuit
Parada v. Anoka County, 332 F. Supp. 3d 1229, 1243 (D. Minn. 2018) (“It is clearly established that a warrantless arrest must be supported by probable cause of criminal activity, that unlawful presence is not a crime, and that an immigrant’s possible removability is insufficient to give rise to probable cause. . . . It is also clearly established that an ICE Detainer alone cannot support local law enforcement’s continued detention of an alien.”).