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ICE free to arrest immigrants in Massachusetts courthouses again
By adamg on Tue, 09/01/2020 - 9:20pm
A federal appeals court today dismissed a preliminary injunction that had barred ICE agents from arresting immigrants appearing in Massachusetts court cases during a suit against the practice by district attorneys in Suffolk and Middlesex counties and several civil-rights groups.
A judge in US District Court n Boston, Indira Talwani, had issued the temporary ban based on her consideration that the DAs had a high probability of success in proving that laws dating to the 17th century in England protected people showing up in court on one case from being arrested or detained for civil matters in another court. But the US Court of Appeals for the First Circuit in Boston ruled today that was in error; that the common-law doctrine had never been used in immigration cases and that while immigration arrests are, technically, civil matters, they are close enough to criminal cases, since they are brought by "the sovereign," that the principle would not apply anyway.
The ruling does not mean that Suffolk DA Rachael Rollins and Middlesex DA Marian Ryan and the civil-rights groups have lost the case; the appeals court sent the case back to Talwani to hear the case and the arguments against courthouse arrests on other grounds. But it also means that immigrants can once again be detained by ICE in state courts pending the outcome of the lawsuit.
In a statement, Rollins said the fight is "far from over:"
We will review and consider all of our options and move forward in a way that honors the people of Suffolk County, their families and basic human and civil rights. We are absolutely on the right side of justice here. It is never a loss when you are fighting for human rights, justice, and building a safer community.
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Comments
For All The Haters of Rachel Rollins Out There
She's kind of really right on this.
The Feds have boogiemanned the sh*t out of anyone who somehow wasn't born shucking corn in Nebraska and going to a bible thumping church into almost being a non-American.
Scaring immigrants away from justice leads to greater exploitation of those harmed.
Well you could always
Well you could always immigrate to the country legally and not have the problem of the authorities hunting you down for breaking the law.
A little over a million people legally immigrate to the US each year on average.
Don't want to be treated like a criminal? Don't break the law.
Not a difficult concept.
Quick question
Underground Railroad: good or bad?
"Underground Railroad: good or bad?"
Really?
You're equating the smuggling of escaped slaves to people illegally crossing the US border?
Please.
Well, yeah
I mean, if you'd just followed the law and stayed on your master's plantation, there would be no need to send slavecatchers up North to bring you back, right?
We are talking merely about following the law, and not whether or not the law is unjust and barbaric, right?
Unauthorized immigration...
Is illegal in the broad majority of countries worldwide. In 124 countries it is a criminal offense. In Cuba the penalty is imprisonment for 1-3 years or a fine. The penalty in Singapore may involve imprisonment, caning, or a fine. Even in the Nordic countries some like to cite as being enlightened models, prison is included in the possible penalties for illegal entry/reentry.
Their prison systems are vastly different (i.e. better), too
They seem to be interested in actually rehabbing offenders, not just keeping the revolving door spinning for eternity. The USA's prison system is broken by design.
Nordic prisons less crowded, less punitive, better staffed
https://theconversation.com/nordic-prisons-less-crowded-less-punitive-be...
Why Scandinavian Prisons Are Superior
https://www.theatlantic.com/international/archive/2013/09/why-scandinavi...
INCARCERATION WITHIN AMERICAN AND NORDIC PRISONS: COMPARISON OF NATIONAL AND INTERNATIONAL POLICIES
http://www.dropoutprevention.org/engage-backup/incarceration-within-amer...
So, yeah. Enlightened indeed.
Um, sure, except...
Entering the U.S. illegally (at least if you haven't been explicitly barred) is still a civil, not criminal offense -- although the legal case in question has the appeals court finding that a civil action by the sovereign has characteristics of a criminal action.
When an unauthorized immigrant is detained by ICE, they're held until such time as they can be deported or receive an adjustment of status (asylum, for example). There's no prison sentence attached.
immigrants
A lot of legal immigrants like myself, have no problem with the arrest and deportation of criminals.
But it's not safe to publicly say so around the 'tolerant' and 'inclusive' people in society .
You Could Have Applied For China
If you were wishing that your new country was more of a police state. Sorry that you now have to suffer through American tolerance for God knows how long . .
Sean, where did you migrate
Sean, where did you migrate from ? Just curious
Why does that matter? If he
Why does that matter? If he said Ireland or Singapore or Ghana would it make any difference?
Makes a lot of difference
When the nazi jackasses directing the criminal enterprise known as ICE selectively enforce things according to melanin levels.
But you were probably one of the people moaning and bitching when immigration controls post 9/11 landed equally on all undocumented immigrants including Irish ones (despite said nationality having been involved in all sorts of terrorist support over decades).
Not safe?
When have you ever been harmed or threatened with harm for expressing your position on immigration?
Remember, people saying "wow you're a dick" is not harm, as much as you might like to think so.
Right Wing Grievance Machine
They somehow fear people using words covered under the 1st amendment more than people waving guns around per the second.
Umm
Over 35% support donald trump
Don't wanna be a moron, dont support Donald Trump
Not a difficult concept.
Yet here we are.
---
Yeah break the law. Fine, let's start arrest warrants for all the laws you break. I'm sure you break some every day.
I'm so fucking tired of hearing the racist "dont be a criminal" crap when it comes to immigrants. Maybe if the process was easier and didnt cost 20k or have caps. MORE WOULD COME HERE LEGALLY.
You know what, as white guy who lives in a town with high immigration population who is from a VERY white community in New Hampshire, I'd rather have a bunch of illegal immigrants as my neighbors than some Trump supporters right now. The immigrants know what it really means to be an American, regardless of what status they are.
MAGAts like yourself, think MAGA is what it means to be American. Which means meaning being a fat racist fuck who sits on their ass and expects the world owes them something while collecting their questionably received "MY GOD GIVEN RIGHT TO GUBBMINT MONEY CUZ I'M A CITIZEN" SSDI or Welfare checks.
(I swear to God i know more Trump supporters who get Welfare, SSDI, or Social security.. its laughable, yet dont want anyone else to 'get what they are getting'. Yet so dumb to realize when those checks stop going to immigrants, they also will stop coming to you too)
Meanwhile my immigrant neighbors all work 2 jobs, live in close quarters TO SUPPORT THEMSELVES AND NOT COLLECT ASSISTANCE.
Many have fought their way to be here... FOUGHT THEIR WAY TO BE HERE. Unlike MAGTs who just sit on their ass and think they're owned something because they are an American.
Many immigrants WHO GO OUT OF THEIR WAY TO BE FRIENDLY AND HELPFUL.. unlike MAGAts who could give a shit about anyone else but themselves.
And if you came my 'hood on the 4th of July.. there's some serious BBQ's here... because THEY ARE PROUD TO BE HERE.
The immigrants i know show more patriotism and true American spirit than most real Americans.
Immigration is what America is about, not a bunch of fat lazy racist white people who want to keep anyone who doesn't look like them out.
Cybah
I love you.
I do too.
I do too.
it's agreed--keeping immigrants per se out of the United States
Keeping immigrants per se out of the United States is definitely not the answer. Unfortunately, however, the United States government has a long, long history of making a lot of countries uninhabitable for their people, due to the support of super-repressive foreign regimes that are ultra-brutal to their people. The United States should also make it easier for people to come here legally, as well.
Dude Native Americans were
Dude Native Americans were murdered for us to be here. Stfu
If ICE wins
Judges can always release wanted fugitives out the backdoor like whatshername .
Bad Public Policy
Allowing immigration arrests at courthouses is bad public policy. We want people to show up for their court appearances. This includes victims, perpetrators and witness. Putting them in fear of arrest discourages this and stalls the wheels of justice.
Oh yeah, sTaTEs rIGhts HurR.
I'm no legal expert
but the words "close enough" aren't something I ever want to see in a court ruling, regardless of the outcome...
whoa, immigration
so passé.
kinda off topic, but remember the caravan?
We will hear about a new one, soon
The GOP is currently doing a telethon with its greatest bogeyman hits! All the old favorites like BIRTH CONTROL IS ABORTION and OMG IMMIGRANTS and CARAVAN RUN FOR YOUR LIVES are on every channel along with SCARY BLACK PEOPLE INVADING SUBURBS EQUALS CRIME and BURNING CITIES!!!!!11!!!11!!!!1!