Massachusetts’ Top Court Nixes Immigration ‘Holds’

Photo Credit: The badge of a U.S. Immigration and Customs Enforcement’s (ICE) Fugitive Operations team is seen in Santa Ana, California, U.S., May 11, 2017.
Lucy Nicholson/File Photo

The top Massachusetts court has ruled that police and court officers do not have authority to detain undocumented immigrants until federal law enforcement officials can take them into custody, a controversial practice called a “hold” that is debated around the country. It is believed to be the first time a state supreme court has ruled to ban the practice and the Reuters news service says the “… decision amounts to a rejection of requests by the federal Immigration and Customs Enforcement agency for courts and law enforcement agencies to hold illegal immigrants, who are facing civil deportation orders, in custody for up to 48 hours after their cases are resolved.”

The court ruled that ordering the hold amounts to a “fresh arrest” and said there is no authority to do so. News organizations quoted ICE officials as saying they are reviewing the decision.

Read the Reuters story here: Massachusetts cannot hold immigrants so U.S. can detain them: state top court

In Texas, That ‘Other’ Supreme Court Immigration Ruling Looms Large

A U.S. border patrol agent looks over the Rio Grande at the border between the United States and Mexico, in Roma, Texas. The Supreme Court ruled on Monday that a U.S. border patrol officer accused of shooting a 15-year-old Mexican on Mexican soil has to stand trial.
CARLOS BARRIA/REUTERS

The recent Supreme Court decision upholding parts of President Trump’s travel ban earned most of the national media’s attention, but another ruling on border issues may also have huge impact. Newsweek magazine explains that “…. the ruling in the case of a teenager shot dead on Mexican soil by a U.S. border patrol officer in 2010 will have consequences for law enforcement along the border… the Supreme Court ruled that the 5th U.S. Circuit Court of Appeals must consider the case, rejecting the lower court’s previous ruling that upheld the immunity from prosecution of U.S. Border Patrol Agent Jesus Mesa Jr., who fatally shot a 15-year-old Mexican, Sergio Adrian Hernández Guereca, under his left eye.
The FBI had previously cleared the agent of any wrongdoing, and the government had defended his immunity from civil lawsuits. The family and immigration advocates are welcoming the ruling and note that it will help determine future border agent practices.

See the Newsweek story here:
Trump’s efforts to restrict immigration from Mexico are hitting a legal wall in Texas

Boston Globe Deep-Dives Into Immigration Court Delays

Photo Credit: Boston Globe Report, Pat Greenhouse/Staff / File 2015

Citing government studies, The Boston Glove is reporting that the immigration court “logjam” has more than doubled over the past decade, to include about a half-million cases including 11,271 cases in Boston,
“As a result, some respondents’ cases may take years to resolve,” government auditors said in the June 1 report on the Justice Department’s Executive Office for Immigration Review, which oversees the immigration court system.
The Globe story focuses on a woman, her husband, and their two children who “… fled war-torn Syria in 2013, moving first to Lebanon before arriving legally in Massachusetts in March 2014. They applied for asylum, were granted temporary permission to stay, and were given work permits. So far, however, they have no idea how long they’ll be allowed to remain in the United States. Or even if they will.”
The reporting cites several causes for the backlog, including too few judges and the 2014 jump in people seeing refuge here. Immigration courts are considered “civil,” rather than criminal and thus do not have to provide lawyers and other protections. The courts are not part of the federal courts system but are a function of the Justice Department.
Read the Globe story here: At immigration courts, a growing backlog – The Boston Globe

Report: Half of Californians Worry Somebody They Know Will Be Deported

A new report by the Capital & Main group, published at Newsweek, outlines how deeply the immigration and deportation issues are felt in California. The report also notes that”… fifty-one percent of California adults said increased federal immigration enforcement left them worried that someone they know could be deported, according to the survey from the Public Policy Institute of California. Thirty percent said they worry ‘a lot’ about it, according to the poll.

The report also notes that, under President Trump, “… deportations have actually fallen…compared with the same time period last year, but the number of arrests of undocumented immigrants has increased. Some of those people are owed a day in court, and the immigration courts are backlogged with pending cases.”

The immigration cours are designated as “civil” cases, as opposed to criminal cases. One difference is that people in civil cases lack the guarantee of a lawyer.

See the story here: http://www.newsweek.com/half-california-adults-believe-someone-know-deported-trump-619282

VICE Offers A True Epic of Deportation to Haiti

Illustration Credit: Paul Moreno

The ongoing debates over United States immigration and refugee policy is bringing many personal stories into the spotlight, mostly featuring immediate concerns. But VICE is offering a compelling story of a South Florida man who was deported back to Haiti at the age of 22. The story is counter-intuitive in many ways – he prefers Reagan to Clinton as American presidents go and offers mixed feelings about how Florida would have worked out.

Now Jean Pierre Marseille is described as a “journalist, fixer, translator, salesman” and “jack of all trades.” His story offers a lesson in how policy translates into personal history, and you can find it here:

Getting Deported Back to Haiti Almost Killed Me