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You are just letting pknopp string you along and swing in the wind with the cryptic replies. Put him/her on ignore and give us some peace.
I've already done just that.
I'm not sure why this is being brought up now as I haven't said anything to him lately. Since I have him on "ignore", I haven't responded to whatever he has written lately. I can't control what he posts. Nor did I write what you quoted me as having said.
ETA: Check what I wrote in post #76 in this thread.
Probable cause is required to detain someone for a criminal offense without a warrant for 48 hours. Immigration violations are civil violations. The 4th amendment does not allow for warrantless detentions for civil violations. ICE knows this and that is why they call their detainer a request. If they want to hold people on detainers they need to obtain a judicial warrant -or-they need to immediately transport them to a federal holding facility and assume the responsibility for their decision to detain.
By honoring ICE detainers, local law enforcement is creating a liability for damages. here is a partial list of cases where the local agency was found to have acted illegally by holding people on ICE detainers, in most of them the local jurisdiction was sanctioned with money damages.
Federal courts have held local law enforcement agencies liable for unconstitutional detentions pursuant to ICE detainers on several occasions:
Miranda-Olivares v. Clackamas Co., No. 3:12-cv-02317-ST (D. Or. April 11, 2014)
Harvey v. City of New York, No. 07-0343 (E.D.N.Y. filed Jan. 16, 2007)
Cacho v. Gusman, No. 11-0225 (E.D. La. filed February 2, 2011)
Quezada v. Mink, No. 10-0879 (D. Co. filed Apr. 21, 2010)
Ramos-Macario v. Jones, No. 10-0813 (M.D. Tenn. filed Aug. 30, 2010) (same)
Galarza v. Szalczyk, No. 10-06815 *10 (E.D. Pa. filed Sept. 28 2012)
Mendoza v. Osterberg, 2014 WL 3784141 (D. Neb. 2014)
Castillo v. Swarski, No. C08-5683 (W.D. Wash. Nov. 13, 2008)
Wiltshire v. United States, Nos. 09-4745, 09-5787 (E.D. Pa. Oct. 16, 2009)
Jimenez v. United States, No. 11-1582 (S.D. Ind. filed Nov. 30, 2011)
Do you really want your tax money used to settle lawsuits because ICE is knowingly asking your local jail to break the law and illegally hold detainees?
No. I did not say anything about detainers. I said, "cooperation". That takes many forms.
I explained how cooperation worked and you ignore it. Why?
Cooperation. The city arrests someone. They make the calls to determine whether they are here legally as the state CAN NOT do that. The Feds ask the state to hold them which we need to note the states can NO longer do. The Feds have NO place to hold all these people. So maybe the Feds pick them up. They get a hearing........they get released. Maybe they show back up to their next hearing, maybe they don't. We argue they do....they get deported.......they turn around and come right back because their only means of support is here.
I posted a perfect example of this yesterday. Why should states waste their resources especially when those complaining do not want to pay the costs anyway?
What is the point? There is no point other than politics and the protection of the cheap labor. Explain it to me.
Cooperation is always better than nothing. Politics has nothing do with it.
Cooperation is always better than nothing. Politics has nothing do with it.
Please, explain it to me. How is wasting millions of dollars like this better? I've asked many times but no one has an answer. (Never mind it can't even be done today)
Sure there is. An illegal can work as a day worker in many jurisdictions. They can also start their own business.
It may be a violation to employ one but the illegal commits no crime by working.
And practically they do work and will continue to do so.
It is a violation which negates your rebuttal. Now we can discuss practicality, but that is separate from being legal.
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