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Principale » Baker Bill Would Allow Local Officials To Comply With ICE Detention Requests

Baker Bill Would Allow Local Officials To Comply With ICE Detention Requests

01 Août 2017

Following the proposal's announcement, the ACLU released a statement saying, "Governor Baker's proposed legislation in response to last week's groundbreaking ruling by the Massachusetts Supreme Judicial court on ICE detainers is constitutionally suspect because it attempts to authorize state and local law enforcement to detain people without due process". As my office argued in this case, MA law protects our residents from illegal detention and prevents the federal government from forcing local law enforcement to make decisions contrary to the public safety interests of their communities.

The program has been on the books since 1996 and allows the Department of Homeland Security to enter into formal written agreements with state and local police departments for officers to perform some of the functions of federal immigration enforcement officials.

The bill was immediately chastised by ACLU of MA as "constitutionality suspect because it attempts to authorize state and local law enforcement to detain people without due process".

President Donald Trump has made cracking down on illegal immigration a top priority of his administration.

"These criminal aliens victimize the very communities they live in", he says.

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The latest proposal would authorize, but not require, state and local police to honor detention requests by federal immigration agents that are accompanied by warrants for people "who pose a threat to public safety", according to the Baker administration.

A statement from the governor's office explained, "in the absence of express statutory authority, state and local law enforcement officers may not honor requests from ICE to detain removable aliens".

Baker does not support the legislation referenced by Gonzalez, which critics contend would make MA a so-called "sanctuary state" and a target of the Trump administration that has threatened to cut off federal funding to jurisdictions that don't cooperate with ICE.

Any detention in excess of 12 hours would be subject to judicial review.

Several communities, including Lawrence and Salem, Mass., have passed local ordinances restricting local police cooperation with federal immigration officers.

Baker Bill Would Allow Local Officials To Comply With ICE Detention Requests