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Massachusetts cannot hold immigrants so U.S. can detain them

K

KSweeley

Member
Reuters is reporting that police in Massachusetts cannot simply jail illegal immigrants to buy time for the feds to come in and take them into custody: https://www.reuters.com/article/us-massachusetts-immigration-idUSKBN1A91XZ

July 24, 2017

Massachusetts police do not have the authority to detain illegal immigrants solely to buy time for federal law enforcement officials to take them into custody, the state's top court ruled on Monday.

The decision amounts to a rejection of requests by the federal Immigration and Customs Enforcement agency for courts and law enforcement agencies to hold illegal immigrants, who are facing civil deportation orders, in custody for up to 48 hours after their cases are resolved.

The Supreme Judicial Court ruled that doing so amounts to a fresh arrest of the person that is not authorized by state law, in the first such ruling to apply to an entire state, according to Massachusetts' attorney general.

"Massachusetts law provides no authority for Massachusetts court officers to arrest and hold an individual solely on the basis of a Federal civil immigration detainer, beyond the time that the individual would otherwise be entitled to be released from State custody," the court wrote in its decision.
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G

GoldenEye 007

Member
Briarios said:
Whaaa? The cops are probably thrilled with this. They don't want to deal with any of this immigration crap.
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Given a court had to step in, it tells me at least some police were trying this. A court wouldn't need to step in if the feds we're sending out a simple request. State AG would have just ignored those requests given by default the feds can't tell local cops what to do.

Edit: Article references the case triggering this as local police holding a defendant long enough for the feds to step in.

But sure, I'll lash out at ICE too.
 
K

KHarvey16

Member
GoldenEye 007 said:
Given a court had to step in, it tells me at least some police were trying this. A court wouldn't need to step in if the feds we're sending out a simple request. State AG would have just ignored those requests given by default the feds can't tell local cops what to do.

Edit: Article references the case triggering this as local police holding a defendant long enough for the feds to step in.

But sure, I'll last out at ICE too.
Click to expand...

The police don't make the decisions here.
 
Trojita

Trojita

Rapid Response Threadmaker
GoldenEye 007 said:
Given a court had to step in, it tells me at least some police were trying this. A court wouldn't need to step in if the feds we're sending out a simple request. State AG would have just ignored those requests given by default the feds can't tell local cops what to do.

Edit: Article references the case triggering this as local police holding a defendant long enough for the feds to step in.

But sure, I'll last out at ICE too.
Click to expand...

The court order happened because the Feds wanted them to but the states and cities don't have funding for it and in this case legal authority.
 
G

GoldenEye 007

Member
KHarvey16 said:
The police don't make the decisions here.
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Did the feds sue in state court to force police, then? Because I'm not sure why a court case was needed here if the state AG was against it and the feds can't tell local police what to do anyway.

Edit: Sorry Mass police for this one thing, then.
 
D

dave is ok

aztek is ok
GoldenEye 007 said:
Given a court had to step in, it tells me at least some police were trying this. A court wouldn't need to step in if the feds we're sending out a simple request. State AG would have just ignored those requests given by default the feds can't tell local cops what to do.
Click to expand...
The cops didn't want to hold him for ICE as he was undeportable - so lawyers for Lunn started the lawsuit.

Sreynuon Lunn, 32, who was born to Cambodian parents in a refugee camp in Thailand, had been in the custody of Immigration and Customs Enforcement since Feb. 6 as authorities tried to deport him to Cambodia.

Cambodian officials do not consider him a citizen of that country and will not allow him to enter.

Thai officials say he is not a citizen of their country, either, because he was born in a refugee camp, which left Lunn in limbo in federal custody as the authorities sought to obtain travel documents for him..

He was released from the Suffolk County jail, which had been holding him on behalf of ICE, without explanation on Thursday, one of his lawyers said.

A spokesman for ICE would not comment because the case is under pending litigation.

Lawyers for Lunn filed a habeas petition in federal court in Boston on Monday seeking his release, saying authorities could not punish him in jail while they try to resolve his status.

Lunn has been convicted of crimes including breaking and entering, and immigration officials have tried to deport him three previous times since 2008.

But lawyers for Lunn had argued that the failure to deport him in the past demonstrated he would not be removed in the foreseeable future, so it would be unlawful to keep him detained.
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T

The Albatross

Member
GoldenEye 007 said:
Get fucked, cops.
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Terrible first reply, because even if cops should get fucked, it's irrelevant to this.

(most) Cops do not want to do immigration reinforcement either... Most have no interest in doing work that the Feds are supposed to do, and at least in Massachusetts, the cities and towns have passed laws preventing them from having to do that.

Since the Trump admin has come in, though, they've targeted cities and towns that exempt police from doing immigration work. nothing's really come of it yet.
 
J

John Rabbit

Banned
GoldenEye 007 said:
Get fucked, cops.
Click to expand...

Even in Arizona cops don't want this. Earlier this year there was a giant to-do over the incoming Sheriff (who replaced Arpaio) no longer performing 48-hour "courtesy holds" of jailed illegal immigrants for ICE. Repeatedly cops have stated they're interested in solving domestic crimes, not deporting people.
 
G

GoldenEye 007

Member
jimmypython said:
i truly hope you didn't read any of the post or the title and just posted this response after seeing the word "police"
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I've offered additional posts in here. It was a misunderstanding on the case because I was confused if the cops and State AG didn't want this, then who was forcing them to hold a defendant.

Oh well. I've already apologized. All these cops that saw my post will be fine.
 
G

Gentleman Jack

Member
Briarios said:
Whaaa? The cops are probably thrilled with this. They don't want to deal with any of this immigration crap.
Click to expand...

I guess it depends on the state, because Arizona was positively frothing to do it.

Maybe the rank and file doesn't enjoy all the extra bodies in their holding pens, but the leadership is popping semis just thinking about the idea.
 
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