Posted on 11/17/2018 2:22:59 PM PST by OddLane
Nothing in New York law gives state and local law enforcement agencies the authority to detain inmates for U.S. Immigration and Customs Enforcement on immigration charges, a state appeals court said in a ruling aimed at a policy initiated by Suffolk County officials.
The unanimous ruling by the Appellate Division, Second Department rejected the Suffolk County Sheriff’s Department’s policy of keeping inmates who are the subjects of ICE detention or deportation orders for up to 48 hours after the time that they normally would have been released and immediately notifying immigration authorities. While inmates are under the 48-hour immigration hold, their paperwork is rewritten to state that they are in federal custody, and they are placed in cells that ICE rents out in the county lockup.
Writing for the panel, Presiding Justice Alan Scheinkman noted that immigration violations are civil, rather than criminal, in nature, and that warrants for civil offenses must be issued by a court...
(Excerpt) Read more at law.com ...
Sickening.
Apparently, any local judges can allow or prohibit ANYTHING, nationwide, without risk...
“noted that immigration violations are civil, rather than criminal”
Bunk. They are in violation of 8 USC 1325 and the so-called “judge” knows that.
Our very own are the enemy
But if they find I have an unpaid parking ticket from 20 years ago I get the chair.
NYS is desperate for warm bodies. Legal or otherwise.
With 15 million illegals in this country its pretty obvious the police have never, ever enforced the laws on immigration, ever, to their eternal shame.
There is a simple solution to this. The illegals had been in jail after having been charged/convicted of a crime. ICE had placed a hold, and these “judges” have ordered them released without notifying ICE, then charge the “judges” with conspiracy for every illegal act these people are charged with. A few of these, and the liberal judiciary would wake up and start following law instead of feelings.
How come the law only protects those who break it?
What this is in real life practical terms.
There are 2 kinds if “immigration” warrants.
1 is civil and is issued by a magistrate or similar at the request of ICE officers. The other is a Criminal warrant issued y a judge.
I do not know why they are not all criminal.
For instance in Seattle a cop can arrest someone with a criminal immigration warrant signed by a judge....the civil detainers are not truly warrants....more of an official request that sounds more fancy because they are a civil detainer.
I could not arrest someone for violating a “civil” anti-harrassment order for example.
The local jurisdictions are bucking up on feds regarding detaining someone on a civil request.
Answer....more ICE agents (someone on duty 24 hrs a day in every area to come grab the prisoner from jail, hold them in their own facility until they can see the judge and get an order to hold them.
Also...more immigration judges so the arrested can be processed in real time.
immigration violations are civil, rather than criminal, in nature, and that warrants for civil offenses must be issued by a court...
So, now breaking the law a mere civil matter?
Why not decriminalize killing babies to?
Latest study (Yale & MIT) says 22.1 million
Hold the Judges for Sedition.
GREAT!
So when the Mexitrash and other assorted third-world garbage pillage, rape and murder your state’s residents ...
The rest of us will yawn, and walk away.
Live like retards, die like retards.
The enemy within...
Killing babies is not a crime but a constitutional right. And every state has a constitutional obligation to facilitate and allow the killing of babies without regard to basic health and safety regulations. This is a fundamental principle of American constitutional law. Just elect some more Democrats two years hence, and soon thereafter, federal justices will illuminate this imbecile about the fundamental constitutional rights of illegal aliens to engage in otherwise criminal activity with impunity and without risk of deportation. It’s what the Founding Fathers wanted, you know?
Obongo went after AZ for enforcing federal immigration laws Roberts and Kennedy agreed and told AZ they had to stop and they did. So now have a bunch of Rat states that are allowed to ingnore Federal Law with no consequence at all apparently.
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