The Supreme Judicial Court ruled Monday that police officers do not have the authority to detain immigrants solely at the request of federal immigration officials.
“In the case of Commonwealth v. Sreynuon Lunn, the court concluded that ‘nothing in the statutes or common law of Massachusetts authorizes court officers to make a civil arrest in these circumstances,’ ” State House News Service reported.
The facts are straightforward: “After the sole pending criminal charge against him was dismissed, the petitioner, Sreynuon Lunn, was held by Massachusetts court officers in a holding cell at the Boston Municipal Court at the request of a Federal immigration officer, pursuant to a Federal civil immigration detainer,” the SJC decision states.
“Immigration detainers like the one used in this case, for the purpose of that process, are therefore strictly civil in nature,” the opinion continues. “The removal process is not a criminal prosecution. The detainers are not criminal detainers or criminal arrest warrants. They do not charge anyone with a crime, indicate that anyone has been charged with a crime, or ask that anyone be detained in order that he or she can be prosecuted for a crime.”
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