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> the court lacked jurisdiction over Lopez-Gomez’s release because U.S. Immigration and Customs Enforcement had formally asked the jail to hold him If ICE trum
by runako 2y ago
> the court lacked jurisdiction over Lopez-Gomez’s release because U.S. Immigration and Customs Enforcement had formally asked the jail to hold him
If ICE trumps state courts on matters where it clearly lacks jurisdiction, ICE needs to be shut down entirely.
- wolfi1 2y agoso habeas corpus just died in the US
- runako 2y agoIt died when ICE started snatching people and deporting them without trial. (The government has the obligation to put each person before a court to at minimum prove they are not about to deport a US citizen.) 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.
- kowabungalow 2y agoI'm no state judge, but I think the states do have jurisdiction on kidnappings where the crime doesn't cross state lines.
- HenryBemis 2y agoDon't throw away the baby with the bathwater (I live in the EU but hold on a minute...) _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!!
- runako 2y agoNo, ICE is Immigration and Customs Enforcement. They do not have any authority at all over US citizens who are not engaged in crossing an international border. 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.
- ndsipa_pomu 2y agoIsn't it more of a concentration camp than a torture prison?
- ModernMech 2y agoWhat do you believe the distinction is?
- ndsipa_pomu 2y agoA concentration camp is a facility where individuals are detained without legal process, often based on their ethnicity or political beliefs, and typically under harsh conditions. In contrast, a prison is a legal institution where individuals are held after being convicted of a crime, following a judicial process.
- ModernMech 2y agoLet me rephrase: what do you believe the distinction is between a concentration camp and a torture prison?
- ndsipa_pomu 2y agoThe judicial process.
- ModernMech 2y agoMy feeling based on the terseness of your reply is that you don't really want to support what you had said initially because there's no real difference or distinction to be made between a concentration camp, and a torture prison.
- wormlord 2y agoMaybe if you don't know anything then don't comment.
- AlecSchueler 2y agoThen how do we learn?
- wormlord 2y agoAsk and don't tell people not to be concerned about their own government systems that you know nothing about.
- int_19h 2y agoThere is indeed a special immigration court system, but there's a catch. Those courts are "administrative courts", meaning that they are formally part of the executive, not the judiciary, and judges are also executive appointees. So they operate under rules that are themselves written by ICE, and with this admin's insistence on "unitary executive" theory, are entirely subject to the whims of the president. 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-deportation-attorney/ 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.
- ModernMech 2y ago> "To give you one example of how bad it already was before Trump" 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.
- int_19h 2y agoThe whole "children in courts without representation" does in fact predate even the Trump's first term. It certainly got much worse under him, but I hope that people will look at this beyond just the man and realize how well and truly fucked up the US immigration system has been for decades.
- deleted 2y ago[deleted]
- tacticalturtle 2y agoThat must be a restriction imposed on the court by Florida law - I think it’s pretty well established that ICE detainers alone don’t mandate anything of state courts or law enforcement. 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=Immigration%20detainers%20are%20only%20requests,obligations%20on%20law%20enforcement%20agencies. 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 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.
- skissane 2y ago> 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...