Extended Immigrant Hold Ruled Unconstitutional But Fight Far From Over

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MIAMI (CBSMiami) — Although a Miami-Dade judge ruled Friday that county holds of arrested immigrants for ICE is unconstitutional, the debate is far from over.

“Yeah, this is a great win. It’s a great win for the Constitution. It’s a great win for individual rights and it’s a judge who’s courageous enough not to be intimidated by the president of the United States,” said attorney Louis Reizenstein.

In his order, the judge said the ICE holds on county inmates violate “the separation of powers between the state and federal governments … (and) the Constitution of the United States … The Federal government is without power to compel state authorities to house … Federal prisoners.”

Immigrant activists cheered the court’s order.

“The detainers are nothing but courtesy holds. They are not constitutional. They are not an order. We do not want to turn our people over to immigration,” said Maria Rodriguez of the Florida Immigrant Coalition.

While the judge ruled against the county, the practical effect of the ruling on arrested immigrants is not yet clear since the county can appeal the decision, and they plan to, filing a notice of intent to appeal Friday before the state’s Third District Court of Appeals.

Mayor Carlos Gimenez spoke with reporters in Doral on Friday and said the county does not accept the state court’s ruling, or jurisdiction in the immigration battle.

“This is federal law. There were plenty of precedents given to this particular judge about why he didn’t really have standing,” Gimenez said. “This issue really needs to be heard in federal court.”

Gimenez said the real solution to immigration woes lies “in the halls of Congress” where lawmakers should come together and enact comprehensive immigration reform.

Just a day before, attorneys for a detained immigrant and Miami-Dade had squared off in court over Mayor Carlos Gimenez’s and the county commission’s decision to honor ICE requests to hold arrested immigrants beyond the time they would otherwise be released.

“The Constitution and the Bill of Rights require probable cause,” Reizenstein told Circuit Judge Milton Hirsch on Thursday.

The county’s detentions for ICE have made for huge controversy and protest. The case before the court involved James Lacroix, a Haitian immigrant charged with chronically driving without a license.

“There is no authority for states to hold individuals under a federal detainer request when their case is closed,” Reizenstein said.

The county countered it has entered into a reasonable agreement with the feds.

“Please, hold this individual on our behalf, pursuant to our authority to detain him, for 48 hours so we can coordinate our agents to go pick that individual up,” said County Attorney Michael Valdes in explaining the ICE requests.

“They think 48 hours is a short period of time?” said Reizenstein. “Let them go sit in the jail for 48 hours and tell us how it feels. This is unconstitutional.”

The mayor and commission agreed to the ICE detention requests for fear of losing federal funding. The detainee’s attorney calls it an unconstitutional ‘caving in.’

“This is nothing more than the federal government threatening and blackmailing states and Miami-Dade County,” Reizenstein said.

As for the Haitian immigrant James LaCroix, ICE picked him up from the county jail for deportation Wednesday, where he was being held after completing his sentence of 7 days for time served.

But this case isn’t about deportation. It’s about the detention policy, one which the judge upended on Friday. However, the judge did not directly order the county to stop the practice of detaining immigrants for ICE. The mayor said the county is going to continue that practice as the ruling is appealed, unless ordered otherwise by a court.

More from Gary Nelson
Comments

One Comment

  1. Abel Garcia says:

    That judge needs to spend time behind bars!

    1. The Mccarren-Walter Act of 1952 says that any President can defer immigration of anyone.

  2. Phillip Bias says:

    The constitution and the bill of rights are for american citizens, NOT ILLEGAL LAW BREAKERS WHO SHOULD NOT BE HERE! THE JUDGE NEEDS A TUNE UP!

    1. Several of his spark plugs are misfiring.

  3. hmm … probable cause ? how about being an illegal alien … seems like that fits the bill …

  4. Hey look at that, every single time ((())) Hitler did nothing wrong.

  5. Laws are only for little American citizens. Everyone else is a potential Democrat voter and gets a pass.

    1. This judge “Judge?” is a Democrat, he cannot be impartial.

  6. Jeffrey Gee says:

    It is unconstitutional to imprison criminal now, OK? Yet another worthless judge that should be immediately be disbarred!

    1. This so-called judge is allowing his corrupt politics to interfere with the administration of the law. There is no question that he needs to be disbarred.

  7. Scott Hargrove says:

    The framers never intended for constitutional rights to cover citizens of other countries. If the left keeps this up, we’ll have the whole world voting in US elections.

    1. This is their goal, Scott. They do not believe in borders. Therefore they do not believe in countries. That is why it is so important to them to scuttle Trump’s Administration. Trump wants no part of the North American Union or One World Order. Anybody who thinks these two ideas could work with the political/religious climate of this world is seriously needing a slap to the face to wake up!

  8. ““They think 48 hours is a short period of time?” said Reizenstein. “Let them go sit in the jail for 48 hours and tell us how it feels. This is unconstitutional.”

    We don’t care how it “feels”. The left always wants to cripple logic with emotion.

  9. You want probable cause? I got probable cause: illegal alien. Granted, being in the country is a federal crime but that doesn’t mean that a local authority cannot contract with the federal government to house and detain. There are for profit prisons all over the country. The Feds can delegate their authority. In other words, it is no less legal for locals authorities to hold than it is for federal authorities to hold with the proper agreements in place.

  10. Greg Jones says:

    Well I think we have a judge that needs to be unemployed.

  11. They don’t teach in law school that local judges can declare anything “unconstitutional” and make it stick. The next court up should slap his/her hands. Hard. An Oregon just just helped an illegal slip out her private door at the courthouse. They caught the guy anyway but she may be out of a job. I believe in putting it all on the line if you really believe in a thing, but this smacks of teat-fittery, So many may find it hurts more than they’d planned.

  12. Lynn Wood says:

    Which court? Which district? Was this a state court or a federal court?

  13. The Judge was Milton Hirsch? Then who is Michael Lily and why the image? News?

    1. He insults the very definition of the noun “Judge.” He is an expert at practicing “lawfare.” He uses the law to undermine the law. He must be rooted out of his position before he does more damage to our Country.

    2. Hirsch? and that shyster lawyer Reizenstein? Guess what THEY are…Figures. Marx was one, too.

  14. Lynn Wood says:

    The 11th Circuit of the State of Florida. So then what is the progression of this case, an appeal to the appellate courts of the State of Florida or argument before a Federal Court?

  15. Since the defendant has already been picked up by ICE and is in Federal custody based on more than just probable cause regarding the Federal offense, it seems to me that the case is moot and/or the State Court no longer has any power regarding the matter. I expect the Third District Court of Appeal to quickly issue an opinion stating same.

  16. Leonard Wood says:

    They are not US citizens and as such the US constitution does not apply to them.. Pretty damn simple really.

  17. John Vance says:

    Imagine that another Judge,without Judgment.

  18. So a law he does not like is unconstitutional. Wonder how that works. It`s time authorities stop bowing to these Liberal Activists Judges. If a law, be it Federal or State, exists for decades a judge has no authority to arbitrarily declare that law unconstitutional based upon his personal agenda.

    1. Judges like this have no shame. They will do their level best to undermine the Constitution by using their interpretation of the Constitution to destroy the Constitution.

  19. Does that mean that an illegal can murder people and not be held responsible… when you start going down this LAWLESS rabbit hole … it get dark very fast.

    Illegals, have ALREADY BROKE THE LAW… they are ILLEGAL… what RIGHTS do ILLEGALS HAVE as a NON-USA CITIZEN? Apparently more than the average USA CITIZEN.

  20. Roger Jones says:

    These judges like to play god and think everyone else is really stupid. How can it be unconstitutional to hold for federal authorities someone that is in the country illegally? He might as well declare jails are unconstitutional.

  21. I have finally figured it out, citizens of America. All we have to do is renounce our citizenship, all of us, at the same time, so that there are no citizens left in the county. Then all of us will get the rights provided to us under the Constitution, because they are for anyone on US soil, plus, we get all the other perks of being illegals, immunity from crimes no matter how big or small, no taxes, free education, healthcare, etc. We get everything that the stupids citizens did, plus all those bonuses.

    Or wait, we demand that idiots like this be removed from the bench, since they are clueless as too who constitutional rights were written to protect. Hint, it isn’t criminals that illegally crossed our borders and have been stealing from ALL American’s for decades.

  22. How do ILLEGALS have Constitutional Rights???

  23. chumchingee says:

    Releasing criminals on fine points of law just appears to be wrong in a number of ways.
    This judge is generating income for at least two lawyers and a judge or judges.
    There isn’t enough law work where he is to keep them busy?
    Lawyers spend 3 years of law school learning how to create problems and 1 year learning to resolve problems they create.
    Now if that were any citizen of this country the consequent breaking of this law would have severe consequences. Like no insurance, no driver’s licence, a possibility of damage to innocent lives?
    The judge is immune. No one is going to fine him for what he is doing.
    Unless the whole case exposes him to the public view.
    Then he will feel consequences. Possibly from a higher court. If it goes away he will continue down this path. If it doesn’t he will be fired off the job. That is not likely to happen.

  24. Elliot Foley says:

    They are not immigrants! They are ILLEGAL aliens!

  25. Ken Kaufman says:

    This is why we need to shoot them as they cross the border. Invading parasites don’t deserve any courtroom time. If this judges ruling stands we must execute all illegals as they cross the border.

  26. Clegg Jensen says:

    >>>>>“If Congress can forbid the entry ***, it can punish those who cooperate in their fraudulent entry.” — SCOTUS 1909<<<<>>>>“If Congress can forbid the entry ***, it can punish those who cooperate in their fraudulent entry.” — SCOTUS 1909<<<<<

  27. Jim ONeill says:

    Judges, apparently, don’t need to know the law, or enforce it, if they actually do. I hope there’s a movement to get rid of this judge.

  28. More liberal BS, this is a federal matter

  29. LEFTISTS MEDIA AND PRESS NOW CONTROLLED BY TRAITORS. ARE YOU READY? YOU NEED TO BE READY. Start by putting this fkn traitor judge in jail.

  30. jogreggre says:

    If the Judge will welcome these illegal aliens as permanent guests in his own home, then by all means, ignore the detainment order.

  31. Aaron Smith says:

    Using the exact same logic. My local sherriff cannot hold me a federal weapons violation either.

  32. It is amazing how our elected officials and judges want to put us in grave danger. Crazy!!!

  33. Fred Doe says:

    Liberals must be rooted of every facet of our government and their complete corruption removed.

  34. Dell Thomas says:

    Looks like there are some judges who don’t understand the law… The Constitution does not apply to non-citizens.

  35. Espionage is a federal crime, so if they pick up a Russian Spy on a state charge, the federal government cannot order that man held over separation of powers? So if a state wants to segregate schools by race they can now, because of separation of powers? Federal law trumps state law.

  36. The left seems to be for illegal aliens, people who murder police, terrorists, and politicians and judges who go against our constitution. What a party.

  37. Eric Foster says:

    Let me get this straight, in this Alice and Wondernoboarderland Progressive Globalist Obamaworld it is illegal to arrest illegals and send back illegal aliens?
    Obamaworld is about to come to an end.

  38. Carl Ball says:

    so do what the judge said. station a ice office next door and when they come out march them next door into federal custody and a bus ride or a ship and it’s homeward bound!

  39. This judge apparently never read the Constitution. The supremacy clause DOES give the feds the authority. He’s pulling this “separation of powers” thing out of his rear end.

  40. Jeff Jenkins says:

    Would this activist judge rule the same way if the prisoner was being detained upon the request of the feds for a federal hate crime?

  41. Bubba Bubbas says:

    So states are free to ignore any Federal Law?

  42. Pete Dosado says:

    The judge should be arrested, convicted of aideing and abetting a felon, and jailed so he can meet his people!

  43. This is becoming total anarchy when judges and members of Congress just make stuff up as they go along to curry favor with voting blocks (illegal ones at that). This judge is a disgrace, as are the members of Congress who sit on their hands when THEIR President speaks of upholding the laws THEY passed. All in the name of the Democrat Party.

  44. People that say this judge is brave for making a decision supported by the loudmouths on the left and the entire liberal media also say Meryl Streep was brave for stating the opinion of the entire audience at the Golden Globe. Making decisions that are status quo are not brave, they’re political decisions for self agrandizement.

  45. jb80538 says:

    So don’t illegals. DEPORT them immediately!~

  46. Activists judges need to be purged from the system.

  47. Todd Johnson says:

    Judge declares rule of law unconstitutional.

  48. The American Constitution should be required reading for judges. An ILLEGAL IMMIGRANT is a criminal from ANOTHER country…not eligible for Constitutional protections. Fool of a Judge!

  49. This judge needs to make the acquaintance of some tar, feathers, piano wire, and a meathook.

  50. Any illegal who is released through this ruling who then goes out and commits any crime should be charged to the judge as an accessory.

  51. I examined the article. I sniffed the cyber print. I smelled two kinds of rotting fish — liberalism and racism. La Raza, indeed. Thanx AGAIN, libs.

  52. Curt Price says:

    Isn’t there a hunting season?

  53. Ra Williams says:

    Hirsch. Hirsch? Not a Hirsch! That’s the problem right there.

  54. It’s more unconstitutional to abuse your powers as a judge and place yourself above our founding fathers and the constitution and most of all “THE LAW”. IT IS THE LAW!!! I recommend reading the constitution Article IV (Article 4 – States’ Relations) Section 4 “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.” This needs to go to the supreme court. We cannot have rogue judges who do as they please.

  55. Mark Davis says:

    Illegals DO NOT have Constitutional rights, they ARE NOT CITIZENS… Prepare for this to go to the SCOTUS…

  56. BC Veel says:

    Another La Raza activist Judge. What a shocker

  57. Dan Shapiro says:

    “County” vs “Feds”, gee I wonder who’s going to win this one?

  58. Ferd Berfel says:

    they are foreign invaders and have NO Constitutional rights. The only “right” they have is the right to expulsion.

  59. B.f. Caffrey says:

    So, if I get this Judge’s logic right, a guy goes to jail for, say shoplifting or theft, pays his fine for the state charge, he’s saying the county MUST release him. EVEN if ICE puts a hold on the guy because he’s on the terrorist watch-list and has no visa, because those are federal charges, not state charges. Yeah, how well is that gonna work?

  60. JBrickley says:

    Really, this is an easy solution. Notify ICE early and give them the release date. Problem solved. ICE shows up right at the release time and takes possession of the prisoner. Proper preparation prevents poor performance. Now if ICE can’t react fast enough, 48 hours is reasonable additional detention time. If ICE can’t do it in 48 hours then you release them if its not a felony or violent criminal.

    All too often a sanctuary city releases illegal alien prisoners without informing ICE or disregard an existing hold request from ICE and something horrific happens. Unacceptable.

  61. Fine. You don’t have to hold them, but you have to notify ICE to come and get them and President Trump is pumping up the Border Patrol and ICE so there will be plenty of agents to get them as they are “caught”.

  62. So the judge is saying that if josef mengele was appearing in court for a traffic citation, he should be allowed to go on his way as long as he could pay his fine fast enough to get away before half the police forces on earth could get there to grab him in time?

  63. Keith Panco says:

    Okay, so let’s not hold them. Immediate deportation would solve this problem.

  64. What these people don’t seem to understand is that the Constitutional rights only apply to US Citizens. If the individual in question is not a US Citizen then none of these rights apply and the county can hold them until ICE gets them without any constitutional issues at all.

  65. Tom Rowan says:

    Detainer:

    A request filed by a criminal justice agency with the institution in which a prisoner is incarcerated asking the institution either to hold the prisoner for the agency or to notify the agency when release of the prisoner is imminent.

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