Lawyers for the City of Boston urged a federal judge Wednesday to dismiss a lawsuit filed by the Justice Department last year that alleges its “sanctuary city” policies interfere with the Trump administration’s crackdown on illegal immigration.
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However, a Justice Department attorney argued that Boston’s Trust Act violates federal law by barring police from holding immigrants in custody solely at the request of Immigration and Customs Enforcement, unless a criminal warrant has been issued.
Sean Skedzielewski, an attorney in the Justice Department’s civil division, insisted that federal law “commands” local police to hold immigrants up to 48 hours after receiving a request by ICE to detain them until agents can pick them up for possible deportation.
US District Judge Leo T. Sorokin challenged that novel interpretation of the law, noting the government previously conceded that states and municipalities may comply with civil immigration detainer requests, but are not mandated to do so.
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Sorokin took the city’s request to dismiss the case under advisement following the hearing.
The suit filed by the Justice Department in September alleges the Trust Act, adopted by the City Council in 2014 and amended in 2019, is unconstitutional. It names the city, the police department, Mayor Michelle Wu, and Police Commissioner Michael Cox.
The Trust Act says local law enforcement shall not detain people who are eligible for release solely because federal authorities request they be held for civil immigration purposes. It also bars police from asking an individual’s immigration status, sharing personal information about individuals, or notifying federal officials about the date or time someone will be released who is wanted for civil immigration enforcement purposes.
However, the city attorneys wrote in court filings that the act explicitly allows police to collaborate with federal officials on criminal matters related to immigration offenses.
The Justice Department argued in court filings that the Trust Act is “obstructionist” and directs police to flout immigration authorities “so that removable aliens can evade ICE apprehension.”
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Skedzielewski argued that the Trust Act goes further than state law by barring police from sharing information about the immigration status of people arrested. He argued that the policy discriminates against ICE by preventing agents from taking custody of immigrants who are subject to final orders of removal.
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The post Judge Grills Justice Department Over Boston Immigration Suit appeared first on American Renaissance.
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