Anonymous wrote:
Anonymous wrote:
Anonymous wrote:didn't an undocumented immigrant just get arrested for killing to offices on the highway? MoCo had refused to hold him even though Ice requested it last year.
Yes. Here is the Post article on it:
https://www.washingtonpost.com/local/public-safety/ice-agents-arrest-driver-in-crash-that-killed-two-law-enforcement-officers-in-maryland/2018/05/04/75b99a9e-4fa4-11e8-b725-92c89fe3ca4c_story.html?utm_term=.1e13b56a808a
We are more lenient with illegal aliens who kill people than we are with our own citizens.
So now the criminal alien is walking free on the streets? Is that it?
That’s not true. Illegal aliens are entitled to the same constitutional rights as citizens. As the jail director said:
“Robert Green, director of the Montgomery County Department of Correction and Rehabilitation, said the county was following guidance from the Maryland Attorney General’s Office, which had cautioned counties that holding inmates beyond their local release dates could violate constitutional protections, particularly if the request from ICE lacked an explanation of probable cause that the inmate had immigration violations.
Green said the detainer request from August 2015 lacked sufficient probable cause from ICE, and Garza Palacios was released.“
It’s a violation of anyone’s 4th amendment right against illegal search and seizure to be detained in jail without probable cause. Once the local charges are dealt with, the detainer becomes a new “seizure” and there must be probable cause to hold someone in jail. If ICE had shown up when he was released, they could have taken him. But asking him to be held without probable cause for days past his lawful release date is unconstitutional.
This is an ICE problem. Not a county problem. Hire sufficient ICE staff and they can do their jobs correctly.