Doesn’t that depend on the reason someone was released? e.g. I’m releasing them because I have no justification for holding them, vs. I’m releasing them because I have no justification for holding them yet I know that someone else does, but fuck them because I don’t agree with their reasons. The latter is pretty obvious in its intent.
Any talk of ICE detainers, felonies, etc. misses the mark. None of that matters one bit in the matter of violating the Fed code in the OP. SF could tell the head of ICE and Trump himself to go pound sand and that would not be violative of the code either. If the feds want him, they could go get him themselves, otherwise tough shit.
ICE: please hold that guy, I’m coming down in 5 minutes. SF: pound sand, we’re releasing him in 2 minutes. ICE: Foiled again!
States and local government are under no obligation to enforce or assist federal law enforcement. They can choose to, or not.
I note again that there has been zero evidence to support the claims made by the OP. Zero. The same level of support exists for requiring everyone named Jim to pay me $10. Because of Fed code: nevergonnahappen.
Here’s some clarification from the ACLU that pretty much destroys the OP.
Short version:
Local governments aren’t legally required to comply with ICE detainers. ICE detainers aren’t warrants or issued by a judge.
In addition to the flimsy legal grounds of an ICE detainers, they are also procedurally flimsy because ICE routinely detains people who turn out to be US citizens or legal permanent residents.
In short: Sanctuary cities are breaking no law. On the contrary they are likely preventing illegal detentions by ICE.
Bull. Point out which part of that decision makes it “unconstitutional” for a local authority to make a phone call to the ICE to tell them they will be releasing the illegal alien.
Nothing. But they’re not required by law to do so, either, and trying to put such a law into place would be unconstitutional. So they can make that phone call. But they don’t have to.
Okrahoma … I do appreciate your arguments here … I’m absolutely sure that every SFPD employee wishes the young woman was still alive … this was a regrettable incident … everybody in the City and County of San Francisco is feeling bad about it … the problem with your line of reasoning is as of yet you’ve not even tried to make the case that the SFPD acted dishonestly, with intent to cause harm to the general population …
Grievous mistakes were made by both sides, La Megra and SFPD … and I agree that both sides need to review their procedures and make corrections to prevent this horrible incident from re-occurring … I don’t understand why you just simply point the finger at SFPD, because that implies La Megra is blameless in this matter … mind you, we’re talking about a government agency that’s chronically under-staffed to the point where immigration law enforcement is a complete joke …
Your err starts with accepting written law at face value, without considering the jurisprudence … please do some homework and find the case law where State and Local officials are allowed to hold someone in jail without conviction, without probable cause and without arraignment … without a court order …
Sorry, you don’t get to move the goal posts like that. LLE may, at their pleasure, notify ICE if they’re in the mood. But they are not legally required to do jack shit for the federal government as far as detainer holds. States’ rights and all, y’know.
An issue I see is that what you’re advocating is not clear. First I thought it was criminal penalties, but since that’s so obviously not applicable, have you now shifted to a phone call?
Sure, ICE can ask for the courtesy of a phone call. They can ask for cupcakes, rainbiws, and unicorns too! The local government can still tell them to pound sand. As a matter of law.
That was not the point. The point is SFPD acted in order to prevent the deportation of the murderer. Deliberately. On purpose.
You (plural) keep harping on that. The SFPD refused to make a telephone call to ICE to tell them they were releasing the murderer. Not hold him in jail without conviction. To make a freaking telephone call.
