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Baker offers bill to let police hold some immigrants for ICE
By adamg on Wed, 08/02/2017 - 9:18am
WBUR reports the governor's proposal, in response to last week's Supreme Judicial Court ruling, would only be for people who pose a public-safety risk. The ACLU, though, says the proposal is really broader than that. The state's highest court ruled local authorities can't detain people on an ICE request if they aren't facing any criminal charges.
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Comments
Illegal Aliens
Do not have constitutional rights, they are however given due process under by the constitution. You think the ACLU you make that distinction.
Harvard Law '08, I take it?
Due process IS a constitutional right. Yes, people on American soil have certain constitutional rights, regardless of their citizenship (key exception being that a native-born American citizen cannot be kicked out of the country).
The ACLU can read the
The ACLU can read the constitution, which only distinguishes between citizens and noncitizens in a few particular areas. Due process is not one of these areas.
Here is the text of the first section 14th Amendment for you, whose drafters were quite able to distinguish between citizens and persons:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Deputize state and local law enforcement with ICE powers
God bless President Bill Clinton for signing the 1996 Illegal Immigrant Reform Act, giving local police the authority to enforce immigration laws. Governor Baker should reach out to President Trump and allow any willing state and local police officer to be deputized by ICE and attend a swearing in ceremony at the TD Garden, DCU Center (Worcester Centrum) or other large venue. It would be a capacity crowd.
On a micro level, our elected Sheriffs (mostly Democrat) have done a nice job deputizing local police. Folks might be surprised that jurisdiction for local officers usually ends at the city/town line but if sworn in as a deputy sheriff, the powers extend throughout the county. Officers who work in areas that adjoin a different county are often sworn in there, too. No extra pay but the authority to act. Baker should follow the lead of our sheriffs and reach out to the feds to empower our police to do their jobs with certainty. The law is the law.
I thought Sheriffs in MA had
I thought Sheriffs in MA had no powers outside of running jails and weren't considered 'real' law enforcement by most local police departments and the MSP. Though to be fair the MSP and former MDC didn't consider anyone but themselves 'real' law enforcement.
To my understanding deputies in MA don't have arrest powers beyond what's available (some cities don't even allow them to carry handcuffs) to sworn constables?
Commonwealth v. Howe, deputy sheriffs have right of arrest
---
Sheriffs and their deputies indeed have police powers to arrest on probable cause for misdemeanors with a statutory right of arrest, breach of the peace and all felonies. Same as your local police, except sheriffs and deputies have that power countywide. That's why local cops, especially drug detectives who may follow a dealer through several towns, seek to be sworn as deputy sheriffs. The T Police have full jurisdiction in any town with a train track or bus stop (78 towns at last count), while MSP and Environmental Police have statewide jurisdiction. An Environmental officer can give you the same ticket and fine as a Trooper statewide or even arrest you for shoplifting at CVS. Baker must ask Trump to deputize state and local officers seeking to use their training and education to enforce the law.
My German translation skills are weak
Can someone give me the gist of this
Yeah
When fishy posts now.. its like Charlie Brown's Teacher now.
Wah wah wah.. wah wah wah.. wah wah.
Let me fix that
It should be:
Lib Lib Lib... Lib Lib Lib... OBAMA (Think duck duck goose)
I don't understand why someone who seemingly hates Boston area residents and politicians sticks around here. He could move to any number of rural states and feel right at home. He's still get his pension.
I think you mean Duck, Duck
Goose step.
Delete
.
Guten tag, Mike. I am just
Guten tag, Mike. I am just curious, why are you needing clarification on what he said in particular? I don't recal you being unclear on any other commenter. Does this topic in particular appeal to you? Have you overextend a visa and are concerned? Are you new to this blog and will need further clarity on many posts? Just curious...
Hi, thanks for asking
His conflation of legality with moral propriety, and his vision of filling a hall with people cheering the removal of undesirables, reminded me of an episode in not-too-distant German history, that's all.
Pretty stupid thing to say
I don't know if you're just ignorant about Nazi Germany and/or the Holocaust or if you just think that like, omg, everyone who doesn't agree with me is *literally Hitler*? There are zero similarities between what Fish (silly as he may be) said vs. that stuff you just wave off "in not-too-distant German history".
Clearly, you understand the difference between the between the role of ICE and the Gestapo. Clearly. Don't be moron.
Easy way to avoid this
Stop reenacting Nazi German history, and people will stop pointing out how you are reenacting Nazi German history.
Simple.
U.S. Citizen Who Was Held By ICE For 3 Years
There is no right to a court-appointed attorney in immigration court.
So if you are a US citizen and are accused of being an undocumented immigrant, horror stories like this happen:
http://www.npr.org/2017/08/01/540903038/u-s-citizen-held-by-immigration-...
There will always be corner
There will always be corner cases like that, no matter what the rules are.
Overall I haven't heard any other anecdotes (let alone stats) showing that ICE is a problem for legal immigrants. All the news today is focused on illegal-but-not-criminal immigrants.
It has happened
They have detained a number of DACA recipients. Also, one of their preferred tactics lately seems to be to detain those who are trying to be legal (e.g., those showing up official procedures such as immigration checkins, applying for green cards or asylum, etc.).
I small but perhaps important point
Technically, DACA people are not in the country legally. Those first 2 letters stand for "deferred action," which implies that they were legally on the way out the door, with the action being, well, deferred.
Oh, that's not good enough for you?
Then how about this? You OK with that?
The cult of compliance says trust the people in uniform and don't be afraid because you're "legal". And as long as you're white enough, hey, you probably won't have a problem. So no problem, right?
As the anon noted
That's one case on the edges.
It was interesting to finally read the backstory. I'm not saying DHS did right by the guy, as they didn't, but there was a tiny bit more to the story than I heard before. The guy should totally be able to sue, since the Feds screwed the pooch on this one.
As for the DACA folk, at the end of the day they are not in the country legally (as opposed to the Mr. Watson you cited.)
So, there are no white
So, there are no white illegals in your small little mind? Say, Ireland for example? Or any other European countries? Why do you self loathe? Were your grandparents in the slave trade or something disgusting like that?
Oooh
Oooh, you got me. I'm a self-loathing white person. Yeah, I know that of all the flagrant violations of immigration law committed by Irish nationals in the Boston area, every now and then they get one. I also know that besides the one recent case of an Irish national that got departed, which got a great deal of attention, ICE has arrested many more latino people, particularly targeting activists. Contrast that with their stated intention of targeting dangerous criminals, which is not borne out by the facts.
The 3 year story is an
The 3 year story is an outrage. The DACA story? Not so much.
Why not?
OK, I'll bite. Why not?
Unnecessary grandstanding
Well gosh, that sure sounds good -- at least to people with a two-second attention span. As any number of not-pretend law enforcement officials in this commonwealth will tell you, they already have all the powers they need to detain violent offenders; they don't need a mandate to act as ICE's butt-wipers in order to do so.
Meanwhile on right wing
Meanwhile on right wing public radio:
http://www.wbur.org/news/2017/08/02/rmv-identity-theft
Thank you
Governor. Finally a politician with common sense