From [HERE] The American Civil Liberties Union filed a lawsuit today in state and federal court against the Lake County Sheriff and the city of Tavares after they say illegally detained an undocumented woman in 2009.

The ACLU claims Rita Cote's constitutional rights were violated after Tavares police arrested her without charging her with a crime. Lawyers say Cote, an undocumented Honduran immigrant, was denied due process when she was jailed for more than a eight days and handed over to federal immigration officials.

"Local law enforcement agencies do not have any authority to enforce immigration laws and when they do it, it's illegal," said ACLU of Florida senior attorney Glenn Katon. "We hope this case will make clear what can happen when agencies engage in these illegal practices."

The 2009 arrest of the mother of four fueled debate about the role of local police in enforcing federal immigration law. The controversy pitted immigrant advocacy groups vying for fair treatment against law enforcement working to quell illegal immigration in their communities.

Cote, then 23, was taken into custody after trying to translate between police and her Spanish speaking sister who had been beaten by a boyfriend, court documents show.

While responding to the call, police asked Cote for identification. She provided a bank card with her picture on it but no proof of U.S. citizenship, according to the ACLU. Her name generated a "hit" on a national crime database that was tied to a removal order from years before.

Cote was held at the Lake County jail for more than a week—without seeing a judge or her family—and subsequently handed over to federal authorities, according to the ACLU. The law states Cotes should not have been detained for more than 48 hours.

Lt. John Herrell, of the Lake County Sheriff's Office, declined to respond to the suit until they are served with the court documents. Tavares city attorney Robert Williams was not available for comment but a city employee said they were not aware of the suit.

In 2009, the agency admitted a "policy failure" contributed to Cote's extended stay in their jail but said staff are not to blame for the oversight. No disciplinary action was taken against any employees.

"If we come across an illegal immigrant and Border Patrol or immigration enforcement authorizes us to detain her, we do that," Herrell told the Orlando Sentinel in 2009.

Still, the ACLU contends neither the Sheriff's Office nor Tavares police had legal authority to arrest Cote. They said it's a frequent practice, citing more than 200 cases where individuals—most undocumented—were arrested without having committed a crime.

"Because she looks Hispanic and speaks English with a strong accent they take it upon themselves to investigate her immigration status even though they have no authority to do it," Katon said.

Herrell called the organization's accusations "baseless," in a 2009 statement, citing their policy prohibiting bias-based profiling.

Cote, the wife of a Gulf War veteran, faces a final deportation order from an Orlando immigration court, her immigration attorney John Barry said. At any moment, Cote can be picked up and taken back to Honduras.