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Eugene

(61,819 posts)
Tue Sep 1, 2020, 07:47 PM Sep 2020

U.S. appeals court overturns bar on immigration arrests at Massachusetts courts

Source: Reuters

BOSTON (Reuters) - A federal appeals court on Tuesday overturned a ruling that barred U.S. immigration authorities from arresting immigrants who are in the country illegally when they make appearances at courthouses in Massachusetts.

The 1st U.S. Circuit Court of Appeals ruled that a judge abused her discretion in finding that prosecutors in two of Massachusetts’ largest counties and public defenders could establish that Immigration and Customs Enforcement (ICE) lacked authority to conduct the civil arrests.

That June 2019 order was the first nationally to block ICE from carrying out courthouse arrests during an immigration crackdown under Republican President Donald Trump’s administration. A federal judge has similarly blocked such arrests in New York.

Suffolk County District Attorney Rachael Rollins, Middlesex County District Attorney Marian Ryan and others argued in a lawsuit that the Immigration and Nationality Act (INA) incorporated a long-standing legal principle against civil courthouse arrests.

-snip-

U.S. LEGAL NEWS SEPTEMBER 1, 2020 / 4:32 PM / UPDATED 39 MINUTES AGO
Nate Raymond
3 MIN READ


Read more: https://www.reuters.com/article/us-usa-immigration-massachusetts/u-s-appeals-court-overturns-bar-on-immigration-arrests-at-massachusetts-courts-idUSKBN25S66B

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U.S. appeals court overturns bar on immigration arrests at Massachusetts courts (Original Post) Eugene Sep 2020 OP
That means if you're an illegal immigrant and you get a ticket, you have a court date. no_hypocrisy Sep 2020 #1
Probably so... but that doesn't give a judge the power to block the action FBaggins Sep 2020 #2
too bad. I so despise the trump admin and their immigration policies. nt iluvtennis Sep 2020 #3

no_hypocrisy

(46,026 posts)
1. That means if you're an illegal immigrant and you get a ticket, you have a court date.
Tue Sep 1, 2020, 07:51 PM
Sep 2020

One of two things:

1. If you don't want to go to court and possibly get arrested, you plead guilty, pay the fine. This would be a problem if you were accused of a real crime instead a traffic violation.

2. If you DON'T go to court without making a plea, the court issues a bench arrest warrant for you. You either show up at court or the police will be looking for you and arrest you. ICE will likely be waiting for you either at the station or in court. Screwed either way.


If it's a civil matter (not criminal), then you risk losing money as your absence will be interpreted as a default admission of liability. You may end up paying more child support, alimony, or maybe paying money to someone trying to extort money from you. Stuff like that. You get no justice.

FBaggins

(26,721 posts)
2. Probably so... but that doesn't give a judge the power to block the action
Tue Sep 1, 2020, 09:04 PM
Sep 2020

You can't just sue a government agency because you disagree with a policy and then have a judge make law for you.

What you CAN do is encourage a legislature to change the law to provide for justice that does not exist under current law... or elect people who will have different policies.

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