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Man of Myth and Legend
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At least per the Massachusetts State Constitution.

Nemo

http://freebeacon.com/politics/mass-supreme-court-ruling-ice-detainers/

Mass. Supreme Court Rules State Officers Can’t Hold People on ICE Detainers

Court decides federal immigration detention orders not enough to hold suspects
July 24, 2017

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.

. . .

go read rest at link above.
 

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codegeek reincarnate
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right. States are under no obligation to enforce Federal law, nor are they under any obligation to help the Federal government violate our Constitutional rights.
 

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Illegal immigrants have no more rights than any other felon. A cozy cell and 3 budget meals a day until transportation to their country of origin is arranged.
 

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I watch the watchers
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12,885 Posts
So, lemme get this straight....

If a foreign spy were to be found in Massachusetts by a state or county law enforcement official, they would be powerless to apprehend such spy?
What if it were a North Korean 'death squad'?

If a Massachusetts law enforcement officer happened to come upon a goose hunter with a pickup bed full of Canada geese (protected under the Federal Wildlife Act) out of season, he'd be powerless to do anything because the Constitution of the State of Massachusetts and the Code of Massachusetts Regulations do not specifically make it illegal in the state of Massachusetts?


I need a little guidance on this one.
 

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Moderator
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right. States are under no obligation to enforce Federal law, nor are they under any obligation to help the Federal government violate our Constitutional rights.
Sigh. You didn't read the case, did you?

The law in question does not even attempt to enforce or impose an obligation upon the states. It is merely a request, and participation by state officers is voluntary.

Massachusetts, the state in question, was not under any obligation. The officers in question voluntarily complied with the federal request for a hold.

The illegal alien criminal who was arrested on a state criminal charge, ROBBERY, after it was dismissed, was held in a city cell longer (the request is for "up to two days") due to a federal immigration civil detainer. This is to give the feds time to get over there and get him. The feds wanted to remove this particular criminal from the United States. This removal process is strictly civil in nature.

The state was not objecting to any of this.

The illegal alien's lawyer objected to him being held once the robbery charge was dismissed.

This is not a federalism decision. Rather, the court held that Massachusetts law does not provide any authority for holding illegal aliens on federal immigration detainers once a case is dismissed. This is because the detainers are civil and not criminal in nature. That's it. Nothing more. The legislature in Massachusetts could fix this if they want to do so. In addition, if the feds had criminal charges against him, the result would have been different.

By the way, the dismissal was technical in nature, not a determination that the illegal alien was not guilty of robbery.

Interesting note: The illegal alien at issue in this case was taken into federal custody and deported. :rotfl:
 

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Moderator
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So, lemme get this straight....

If a foreign spy were to be found in Massachusetts by a state or county law enforcement official, they would be powerless to apprehend such spy?
What if it were a North Korean 'death squad'?

If a Massachusetts law enforcement officer happened to come upon a goose hunter with a pickup bed full of Canada geese (protected under the Federal Wildlife Act) out of season, he'd be powerless to do anything because the Constitution of the State of Massachusetts and the Code of Massachusetts Regulations do not specifically make it illegal in the state of Massachusetts?

I need a little guidance on this one.
You didn't read the case, either. :)
 

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Moderator
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Illegal immigrants have no more rights than any other felon. A cozy cell and 3 budget meals a day until transportation to their country of origin is arranged.
So long as the feds get there very, very quickly . . .
 

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Registered
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So, lemme get this straight....

If a foreign spy were to be found in Massachusetts by a state or county law enforcement official, they would be powerless to apprehend such spy?
What if it were a North Korean 'death squad'?
For starters they probably entered the country legally.........
 

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codegeek reincarnate
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901 Posts
Sigh. You didn't read the case, did you?
I don't usually read the "cases" as it is not my area of expertise. I usually wait for someone much smarter than I, such as yourself, to come along and explain it to me.

The law in question does not even attempt to enforce or impose an obligation upon the states. It is merely a request, and participation by state officers is voluntary.
I didn't say it did. My response was more directed at the comment above mine and was a simple statement of fact. Now, one can argue that my comment may lack relevance to the topic at hand, and in the future, I'll try to keep closer to the bulls eye.
 

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Moderator
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My response was more directed at the comment above mine
I realized that before I wrote my post, but I thought the information I was writing would be of value anyway, since I did not expect anybody else was actually reading the case, either.
 

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Seriously, what does this have to do with RUSSIANS? Nothing else matters. News flash!

I bet if they found a Russian here illegally, they would have no problem holding them, and it would be news for months.
 
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