July 24, 2017

REFUSING TO LEGISLATE FROM THE BENCH:

Mass. Supreme Court Rules State Officers Can't Hold People on ICE Detainers (Madeleine Weast, July 24, 2017, Free Beacon)

The Massachusetts Supreme Court on Monday ruled that state law does not allow local officials to detain illegal immigrants and others at the request of federal immigration authorities.

Federal immigration detention orders are not enough for state officers to hold individuals, according to the court ruling.

"Nothing in the statutes or common law of Massachusetts authorizes court officers to make a civil arrest in these circumstances," the ruling stated. [...]

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

The court left it up to the legislature to change the law if state lawmakers see fit, writing that it is not the court's place to create or define a new authority for officers to arrest and detain people under federal immigration law.

Posted by at July 24, 2017 3:41 PM

  

« LOW REGARD FOR BEAUREGARD: | Main | FUN WHILE IT LASTED: »