If ICE trumps state courts on matters where it clearly lacks jurisdiction, ICE needs to be shut down entirely.
If ICE trumps state courts on matters where it clearly lacks jurisdiction, ICE needs to be shut down entirely.
Incidentally, the position of the current administration is that they should have been able to, last night, send him to serve an indefinite sentence in an El Salvadoran torture prison without ever seeing a judge.
_this_ part doesn't work. Not "nothing works anymore". Perhaps there is a special court/system/subsystem that has authority for these cases. Just like Military has its own courts, and they don't try civilians, perhaps for such cases there is a "migration court" (or something-something...)
Unless there isn't in which case, damn those ICE folks are cold!!
Additionally, the current position of the US government is that they should have been able to put this person it a torture prison in El Salvador without him ever seeing a judge.
To give you one example of how bad it already was before Trump, these are the same courts where 3-year old children who don't know English were required to argue their case before the judge by themselves, without a lawyer: https://www.snopes.com/fact-check/children-immigration-court...
So it was already a sham as far as due process go. But now the executive says that they aren't obligated to give people a hearing at all.
And anyone working for ICE is a willing enforcer for this system. They should be treated accordingly.
That was during Trump's first term. Going in to this, we already saw how bad he was, so we should have expected worse this time. That's part of the reason this second term has a depravity multiplier. We knew, and chose him anyway.
Even ICE’s website says this:
> Immigration detainers are only requests. They don’t impose any obligations on law enforcement agencies https://www.ice.gov/immigration-detainers#:~:text=Immigratio...
In Massachusetts where I live, the courts flat out ignore them and release individuals who are not accused of any crime, because:
> Massachusetts law provides no authority for court officers to arrest and hold an individual because of a federal immigration detainer
https://www.mass.gov/decision/lunn-v-commonwealth
Otherwise… I have no idea why the judge would just cave to the prosecutor’s argument like that.
A lot of judges in lower courts just aren't that good... the best legal minds gravitate to the top of the system, the judges at the lower tiers are very much a mixed bag – some brilliant, some incompetent, others who've lost all passion for their job and are just doing the bare minimum to avoid removal...