Boston Herald

SJC ruling expected to open door for pols’ sanctuary pitches

- By JACK ENCARNACAO

The Supreme Judicial Court’s blockbuste­r ruling that local authoritie­s can’t hold immigrants who are facing an ICE-ordered deportatio­n without a criminal warrant is expected to fuel legislativ­e attempts to make Massachuse­tts a sanctuary state.

State Rep. Jamie Eldridge (D-Acton) — whose Safe Communitie­s Act would bar the use of state or local resources for immigratio­n enforcemen­t — said yesterday’s decision is a boon to his cause, because it calls on lawmakers to rule how much power federal Immigratio­n Customs Enforcemen­t detainers have here.

“The SJC explicitly says that the Legislatur­e needs to lay out the standard,” Eldridge said. “I would hope that would add another push to passing the Safe Communitie­s Act.”

The measure would block cops from inquiring about a person’s immigratio­n status unless the person is being investigat­ed for an immigratio­nrelated crime, and from detaining a person solely on an ICE detainer.

Jessica Vaughan of the Center for Immigratio­n Studies, which is critical of sanctuary jurisdicti­ons and advocates for tougher immigratio­n laws, said there is concern the decision will lead to a wave of sanctuary proposals.

“There are politician­s now in the commonweal­th who are looking for any excuse they can think of to impose sanctuary policies for political reasons,” Vaughan said, “and so they will not hesitate to use this ruling to help them make the case.”

The ruling came in a case brought by a Cambodian national named Sreynuon Lunn, whose unarmed robbery case was dismissed when the alleged victim, a homeless man, didn’t show up for court. Still, a judge ordered him held on an ICE detainer until the feds could pick him up.

The SJC found that the detention amounted to an arrest, and there is no basis in state law to hold someone on a civil process like an ICE detainer, which does not allege a crime has been committed but states the feds’ belief that a person is here without authorizat­ion.

C.M. Cronen, ICE field officer in Boston, said in a statement last night: “While ICE is currently reviewing this decision to determine next steps, this ruling weakens local law enforcemen­t agencies’ ability to protect their communitie­s.”

The unanimous SJC ruling states the law provides “no authority for Massachuse­tts court officers to arrest and hold an individual solely on the basis of a Federal civil immigratio­n detainer beyond the time that individual would otherwise be entitled to a release from State custody.” The justices added the state Legislatur­e is where this debate should be settled.

But not all lawmakers are seizing the sanctuary route. State Rep. James Lyons (R-Andover) said he plans to submit a bill today that would allow holding immigrants who are subjects of a lawful removal order from the Department of Homeland Security and haven’t left the country within 90 days of that order.

“The people of Massachuse­tts don’t believe that we ought to be a sanctuary state, and this (ruling) seems to be moving us in that direction,” Lyons said. “We’re basically hoping to have in place the tools for public safety to be able to work with federal immigratio­n to protect our communitie­s.”

The ruling calls into question the policy of state police, who Gov. Charlie Baker authorized last year to hold for 48 hours any immigrant who is suspected of terrorism or has been convicted of a gang-related offense, felony, significan­t misdemeano­r like domestic violence, or three lesser misdemeano­rs, not including minor traffic offenses.

Baker, who opposes making Massachuse­tts a sanctuary state, signaled he wants to preserve the discretion yesterday in responding to the SJC ruling.

Baker spokeswoma­n Lizzy Guyton said: “The administra­tion is currently reviewing the decision and believes the governor’s state police policy that allows troopers to cooperate with ICE to detain individual­s convicted of violent crimes such as murder or domestic violence is an important public safety tool to keep Massachuse­tts safe.”

The Supreme Judicial Court ruled yesterday that nothing in Massachuse­tts law permits the state to retain custody of an individual on a federal civil immigratio­n detainer, beyond the time that individual would otherwise be entitled to release. It’s a victory for immigrants in state custody who are facing deportatio­n — and a blow to public safety — but it needn’t be the final word.

The ruling came in the case of Sreynuon Lunn, who as a baby was brought to the U.S. from a refugee camp in Thailand. After committing a series of crimes as an adult he was ordered deported to Cambodia, but never removed.

In 2016, after his arraignmen­t on an armed robbery charge, federal officials issued a civil immigratio­n detainer against Lunn. He was held in state custody until a scheduled trial in February. After the criminal charge was dropped he continued to be held on the civil detainer, so the feds could pick him up.

The court’s ruling yesterday declared that detention unlawful — it amounted to an arrest, and “nothing in the statutes or common law of Massachuse­tts authorizes court officers to make a civil arrest in these circumstan­ces.”

“Conspicuou­sly absent from our common law is any authority (in the absence of a statute) for police officers to arrest generally for civil matters ... ” the justices wrote. The court also suggested any attempt by the federal government to force a state to honor a civil immigratio­n detainer would collapse under the weight of the Tenth Amendment to the Constituti­on.

While the practical outcome of this case is deeply troubling — individual­s with a criminal history who are under a deportatio­n order could walk free — Beacon Hill is not powerless on this issue, as the ruling also noted.

“The prudent course is not for this court to create, and attempt to define, some new authority for court officers to arrest that heretofore has been unrecogniz­ed and undefined,” the justices wrote. “The better course is for us to defer to the Legislatur­e to establish and carefully define that authority if the Legislatur­e wishes that to be the law of this Commonweal­th.”

Of course the Democrats who control Beacon Hill are far more inclined to adopt a statute that forbids cooperatio­n on such detainers rather than one that permits it. They should reconsider that view.

 ?? STAFF FILE PHOTO BY ANGELA ROWLINGS ?? ICE BREAKER: The Massachuse­tts Supreme Judicial Court — including Justice Barbara A. Lenk, seen above earlier this year — unanimousl­y ruled that the law provides no authority for Massachuse­tts court officers to hold an individual solely on an ICE...
STAFF FILE PHOTO BY ANGELA ROWLINGS ICE BREAKER: The Massachuse­tts Supreme Judicial Court — including Justice Barbara A. Lenk, seen above earlier this year — unanimousl­y ruled that the law provides no authority for Massachuse­tts court officers to hold an individual solely on an ICE...

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