Massachusetts can’t legally hold immigrants on ICE detainer requests – state court

The top court in Massachusetts has ruled that authorities have no right to hold an immigrant after they have been released for a crime. However, some on the federal level disagree.


The state’s Supreme Judicial Court (SJC) ruled Monday after the US Immigration and Customs Enforcement requested a court order that illegal immigrants facing deportation be held for up to 48 hours after their initial cases are resolved.


That amounts to a new arrest of a person, the state court found, which is not authorized by the laws of Massachusetts. This is the first ruling of this situation that applies to an entire state, according to Massachusetts’ attorney general, Maura Healey, Reuters reported.

The decision by the court cited states’ rights in their final decision in the case.

“Massachusetts 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 the individual would otherwise be entitled to be released from State custody,” the court wrote, according to court documents.

Sreynuon Lunn, of Cambodia, was the focus of the case. Lunn entered the US in 1985 as a refugee, but was ordered to be deported in 2008 due to a slew of criminal convictions. His home country declined to accept him, and so he was ordered free. However, Lunn was arrested again in Boston in 2016 for unarmed robbery. Suffolk County prosecutors failed to present a case against him, and he was released into the custody of ICE, Reuters reported.

After being detained by the agency, Lunn’s attorney challenged the transfer to ICE custody because of the fact that Massachusetts law does not allow police to keep anyone in their custody who do not have any pending charges. The ruling on Monday states that neither the federal nor state law has the power, in Massachusetts, to hold a person without a criminal warrant.

“In short, this was a civil immigration detainer,” the justices wrote, according to the documents. “It alleged that Lunn was subject to, and was being sought by the Federal authorities for the purpose of, the civil process of removal. It was not a criminal detainer or a criminal arrest warrant. It did not allege that the Federal authorities were seeking Lunn for a criminal immigration offense or any other Federal crime, for purposes of a criminal prosecution.”


The US Department of Justice lawyers had previously stated in the case that ICE detainer requests are an established legal example of cooperation between federal and local law enforcement.

“You have that power,” Joshua Press, a DOJ attorney, said in April during oral arguments in the case, the Boston Herald reported.

The SJC did not agree with the assertions of the DOJ and stated that the state police may only make arrests for criminal offenses. “Conspicuously absent from our common law is any authority (in the absence of a statute) for police officers to arrest generally for civil matters, let alone authority to arrest specifically for Federal civil immigration matters,” the judges wrote.

Some civil rights groups say that this ruling in Massachusetts could potentially set an example for rulings in states around the country. The ACLU of Massachusetts responded in a statement after the trial’s conclusion.

“This court decision sets an important precedent that we are a country that upholds the constitution and the rule of law,” the group said in a statement. “This victory is the first of its kind in the nation. At a time when the Trump administration is pushing aggressive and discriminatory immigration enforcement policies, Massachusetts is leading nationwide efforts by limiting how state and local law enforcement assist with federal immigration enforcement.” 


Illegal Immigrant Students At Columbia University Demand Free Healthcare And Housing

What on Earth makes people who are in the United States illegally believe they’re entitled to demand anything? This is the environment the left has created. A growing sense of entitlement from everyone.

Red Alert Politics reports:

Learning from Black Lives Matter, illegal immigrants begin making “demands” on campus

A group of students in the U.S. illegally have learned from the Black Lives Matter protesters that occupied colleges across the country last year. Now, they’re demanding that Columbia University make concessions including free healthcare and sensitivity training.

Undocumented Students Initiative (UndoCU) released a list of demands on Wednesday to Columbia University.

“Our daily lived experiences are shaped by national and federal forces that we must face with bravery, but the collective university administration’s inaction has worsened these issues,” the group wrote about dodging federal immigration officials. “Some of us were on the verge of homelessness. Some, including their families, are at high risk of deportation. That the university is not active in aiding and ameliorating these problems demonstrates Columbia’s lack of intrinsic interest in its undocumented students.”

Among their list of demands included financial and housing assistance, to receive the privileges of international students (without the deportations if they overstay their visa) which includes free healthcare, create an administrative position to understand the struggle of UndoCU students, create scholarship fundraisers, counseling service, and sensitivity training for administrators and professors.

How much do you want to bet that the school gives them what they want?

Read more:

GRAPHIC: Raped 12-Year-Old Girl Found Dead near Texas Border

By Cartel Chronicles

PIEDRAS NEGRAS, Coahuila — A week-long manhunt led authorities to arrest a man wanted for kidnapping, raping, murdering, and disposing the body of a 12-year-old girl in this border city.

The case began two weeks ago in Piedras Negras, Coahuila, when the parents of 12-year-old Yuliana Rubi Hernandez Barrera reported her missing. Mexican authorities issued an alert and searched for the girl for five days until authorities found her decomposing body in an open field. An autopsy carried out by Coahuila investigators revealed that the victim had been sexually assaulted prior to the murder.

During the investigation into the murder, Coahuila authorities were able to identify 24-year-old Cesar Manuel “El Yukero” Alegria Sanchez as a prime suspect. According to information from the preliminary investigation, Alegria stalked the victim and then began making contact by trying to befriend her. During the investigation, authorities were able to locate Alegria in the Mexican coastal state of Veracruz and arranged for him to be taken to Piedras Negras, where he is currently being held for a trial.

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Piedras Negras is immediately south of Eagle Pass, Texas, and has a long history of drug and human trafficking use by Los Zetas cartel members. Over time, the city has seen an extremely high number of disappearances linked to the organization that kidnapped hundreds of victims, only to later murder them and incinerate the bodies, Breitbart Texas reported.

Mexican illegal who was removed from USA 7 TIMES crashes van, kills father-of-three…

Nemias Garcia-Velasco (pictured), 32, was allegedly going over 100mph when he lost control of his 2001 Dodge Ram work van and crashed, killing 58-year-old Silvano Torres

An illegal immigrant, who has been removed from the United States seven times, had consumed ’12 beers and was driving at 100mph‘ when he crashed his van and killed a father-of-three.

Nemias Garcia-Velasco, 32, who is from Mexico, was going over 100mph when he lost control of his 2001 Dodge Ram work van and crashed, killing 58-year-old Silvano Torres.

Prosecutor Ryan Lindberg said Garcia-Velasco was driving down Interstate 80 around 1pm on Wednesday when the incident occurred.

Garcia-Velasco told officers that he had consumed 12 beers the previous evening into the morning of the crash, according to the Omaha World-Herald.

During Garcia-Velasco’s hearing, Lindberg also said the man had been removed from the US a total of seven times.

After two deportation hearings, in 2009 and 2011, Garcia-Velasco was forced out of the country and the five other times were considered ‘voluntary returns’.

Lindberg also added that Garcia-Velasco had also been convicted of having false citizenship papers prior to the crash, just a day after the Fourth of July holiday.

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Prosecutor Ryan Lindberg said Garcia-Velasco was driving down Interstate 80 around 1pm on Wednesday when the incident occurred. Garcia-Velasco reportedly told cops he consumed 12 beers the previous evening into the morning of the crash. Pictured is the burned-out van

At the time, Torres was riding unrestrained in the cargo area of the van. He was pronounced dead at the fiery scene (pictured). Another passenger, Jesus I. Gonzalez, 16, was treated at the hospital and released the day of the crash

Garcia-Velasco’s blood-alcohol level was .243 when it was checked at a hospital after the crash, according to the Herald.

At the time, Torres was riding unrestrained in the cargo area of the van. He was pronounced dead at the fiery scene.

Another passenger, Jesus I. Gonzalez, 16, was treated at the hospital and released the day of the crash.

Garcia-Velasco suffered from severe burns to his face and was taken to the Nebraska Medical Center at the time.

Rosa Flores, who had been dating Torres, said he loved talking about his two daughters and his son.

Torres had documentation to be in the US, she told the Herald, adding that he had lived in Omaha for nearly six years.

The pair were on their way to their respective homes after leaving a job patching a roof because it got too hot.

Garcia-Velasco was charged with motor vehicle homicide in the death of Torres. His bail was set at $2 million.

Garcia-Velasco suffered from severe burns to his face and was taken to the Nebraska Medical Center at the time. Garcia-Velasco was charged with motor vehicle homicide in the death of Torres. Pictured are first responders at the scene of the crash

Mo Brooks: Republican Congress Has Ceded Building Border Wall to Democrats

By John Hayward

Rep. Mo Brooks (R-AL) joined SiriusXM host Alex Marlow on Tuesday’s Breitbart News Daily to talk about his run for the Senate, which includes a campaign ad that threatens a government shutdown if President Trump’s proposed border wall is not funded.

Marlow complimented Brooks on the craftsmanship of the ad, which is upbeat rather than angry as it sends what he called “a very tough message Washington needs to hear.”

“We’ve had promise after promise to build a border security wall,” Brooks said. “Congress has authorized it long ago, but Congress has refused to appropriate the money. Most recently in April, there was an opportunity to fund the border wall, but the United States Congress, in particular, the Senate, refused to come up with that funding that was necessary.”

“In effect, our Senate leadership, our Republican senators, have ceded to the Democrats the ability to block funding for the border wall,” he charged. “That was a keystone of President Trump’s campaign back in 2016. We need to keep our promises to the American people, and we need to start fighting back.”

“We should not be on bended knee, groveling and asking Chuck Schumer and the Democrats if we can please have the money to fund that wall,” said Brooks. “We’re the majority in the United States Senate, and the majority should rule, but right now, our Republican Senate has ceded to the Democrats the power over our agenda, the power over what we can vote on.”

“It’s effectively like this: a majority of our Senate, our Republicans, have empowered the Democrats to block the majority will of the Senate, to block the majority will of the House, to block the will of the President of the United States, and to block the will of the tens of millions of voters who sent us to Washington, DC, to fix not only this border wall problem, but a lot of other problems,” he said.

“If we’ve got the opportunity, we need to fight fire with fire, and we need to have a little bit more backbone than we’ve been showing in Washington, DC, on these issues that are critical to our country,” urged Brooks.

Brooks agreed with Marlow’s concern that the Senate would come up short on backbone.

“There are special interest groups offering tens of millions of dollars in direct or indirect campaign support that want this huge influx of cheap, inexpensive foreign labor that undercuts the living wages of American families,” Brooks said. “This is a key issue to those groups, primarily on the employer side.”

“We’ve got to have the backbone ourselves to overcome that and do what Americans needs,” he urged.

“Let me just give you a few examples as to how bad the problem is, which justifies us having border security on our southern border,” Brooks offered. “I’m going to cover some data points for you, so please bear with me. From the year 2000 to 2014, a 14-year period, in the age bracket 16 to 65, a very large age bracket, the American economy had a net gain of 5.6 million jobs. That’s 14 years, age 16-65, 5.6 million net job gain in that category. Your listeners ought to be asking themselves this question: how many of those jobs went to people born in America? Our kids and our grandkids.”

“I’m going to put you on the spot: what would be your guess?” he asked Marlow. “What do you think would be appropriate? Out of 5.6 million jobs, how many do you think should have gone to our kids?”

Marlow replied that “you would think all of them would go” to American citizens, or at least be offered to them first.

Brooks countered that the correct answer was “minus 127,000.”

“People born in other countries, whether here illegally or they’re lawful immigrants, had a net job gain of 5.7 million jobs when our economy, in that 16-65 age bracket over 14 years, was producing 5.6 million,” he clarified.

“That’s what our immigration policies are doing to American families. When I was young, you had different career options. One could be in the blue-collar trades, one if you’re lucky and you had the intellectual capacity you could go to college and get the jobs associated with that,” Brooks recalled. “Well, this immigration policy that we have, on the illegal alien side, is clobbering our blue-collar workforce, the people who work with their hands.”

“In the construction trades, by way of example – but not just the construction trades – it used to be when I was growing up that you could make a good living as a bricklayer or as a roofer or as a framer – all those types of positions that illegal aliens dominate now,” he said.

“The reason that’s so important that you develop that skill is that you might be good enough to where you could form your own business, and then you could start hiring other people and giving them an opportunity on the employment ladder,” he continued. “You yourself could be very, very successful in those construction trades and other blue-collar fields.”

“That’s gone now,” he lamented. “Our American kids have a very difficult time getting on the first rung of that ladder because the illegal aliens are undercutting the wages that might otherwise be paid on a second level, deficit and debt.”

“The last study that I saw, that I found credible – all of these studies are all over the map, but this one indicated that illegal aliens cost American families about $99 billion a year in net tax losses. The families of illegal aliens are generating about $20 billion a year in tax revenues while consuming about $119 billion in services provided at the city, county, state, and federal level. That increases our deficit and debt at the federal level. It decreases the services that are available to Americans at the city, county, state levels,” said Brooks.

“Now, I have seen a study that was as high as $300 billion, and maybe that’s the right one, but I’m comfortable with the $99 billion one, which is a little bit out of date because it’s three or four years old,” he added.

“Then on a second level, of all the families in America that have an illegal alien in them, over 60 percent are on welfare. So here we are, we’re actually paying illegal aliens to come to our country based on over 60 percent of the families that have an illegal alien in them being on welfare. For America as a whole, it’s in the 30 percentile range, just to give you a contrast point,” he said.

“So you add all these things up, and we’re doing tremendous damage to our families. On the employment level, let me be really clear: it did not make any difference if you were a Hispanic American, a Caucasian American, an African American, or an Asian American. You lost ground in that 14-year period that I just mentioned to you because of lost job opportunities and wage suppression. So this is not about ethnicity. It’s not about race. It’s about protecting Americans of all kinds. That’s what this border security wall is all about,” Brooks declared.

Marlow proposed that a government shutdown to compel construction of the border wall would likely end with Brooks and his allies getting pilloried by the media, as was the case when Sen. Ted Cruz (R-TX) attempted to take a similar stance on repealing Obamacare.

“I want the country holding me accountable for trying to build a border security wall,” Brooks responded defiantly. “That’s the way I approach it. If the American people understand what is at stake on this issue, they are on our side overwhelmingly.”

“Now, I understand how the leftists and the media will attack, and they will distort, as they often do,” he conceded. “But, by golly, we were sent here to Washington, DC, not to cower, not to cede to the Democrats, who lost the elections control over our agenda. We were sent to Washington, DC, to fight for the things we told the American people we believed in, that caused the American people to elect us. It’s really that simple.”

“We cannot just give up on every single issue because of archaic Senate rules that empower the Democrats to block us. If we’re going to keep those rules, use them to advance our belief system on the one hand – or, better yet, we ought to get rid of those rules that empower the Democrats to control our agenda and block that border security wall,” he urged.

Brooks noted that he is running to fill the Senate seat vacated by Attorney General Jeff Sessions, whom he saluted as “a great leader on border security issues.”

“America cannot afford to have anything less than that in this Senate seat when we have our election on August 15, which is five weeks from today. That’s how quick it’s upcoming,” he said.

“If anyone wants to help, I would love the help. It’s We need it. We’re quite frankly up against the swamp critters, as I call them in Washington, DC.”

“You know, Donald Trump went to Washington to drain the swamp. Well, now the swamp’s fighting back, and they’re fighting back on behalf of Luther Strange. He’s the person who was appointed by our governor under ethically questionable circumstances,” said Brooks, referring to his opponent in the race.

When Marlow asked if Brooks had faith in the willingness and ability of the Republican caucus to deliver the promised border wall, he said yes, provided American voters “keep the pressure up.”

“This revolution started in 2010 with the Tea Party movement, and to some degree, the fervor that we had in 2010 has subsided,” Brooks observed. “Politics is an ongoing process. If there’s a vacuum, our foes will fill it. So we need to get people who care about America, who understand the foundational principles that have made us the greatest nation in world history, to gird their loins, put on their battle gear, get back into the fray, and force our elected officials in Washington, DC, to keep our promises to the American people, or else take out those who breach those promises. That’s what it’s going to come down to.”

Breitbart News Daily airs on SiriusXM Patriot 125 weekdays from 6 a.m. to 9 a.m. Eastern.


Smerconish explicitly promotes racial profiling

By Justin Caruso

Michael Smerconish, a CNN host and SiriusXM personality, made news Thursday for saying that people who act like a “bigot” or “racist” online should be outed, yet his own past writing may reflect attitudes that the Left considers “racist.”

While Michael Smerconish has expressed a number of liberal views in recent years, many of his past columns endorse ideas that, by the standards of the American Left, could be seen as “racist.” (RELATED: CNN’s Michael Smerconish: Media Should Out Anonymous People If They Say ‘Bigoted’ Things [VIDEO])

In a blog post from November 2009 published at the Huffington Post, Smerconish explicitly promotes racial profiling, something that would surely be found racist and Islamophobic by his left-wing peers.

He writes, “Profiling. Let’s look for terrorists who look like terrorists. Those who threaten us have similarities. In virtually every instance, they have race, gender, ethnicity, religion and appearance in common. Those characteristics should be considered as we seek to prevent terrorist strikes against the United States. Everyone needs to be screened, but some more than others. When the terrorists start looking like Thurston Howell, III, we will change accordingly.”

In the same column, Smerconish also endorsed immigration policy that was positively Trumpian.

He said, “Immigration. Our borders are porous. They need to be closed. Only when they are closed should we make decisions as to what to do with the millions who are already here illegally. It is impractical to believe we will ship them back to wherever they came from. But through attrition, and by ensuring no more of their friends and relatives join them, we will probably diminish the herd.”

This isn’t Smerconish’s only writing about immigration. He also penned a 2007 article for the Huffington Post where he writes“Our borders are porous, and Congress won’t act. The closest they’ve come was to approve 700 miles of fencing, but without funding. Meanwhile, the quality of life in Hazleton declines.”

Smerconish also wrote an article in 2006 for HuffPost positively reviewing Pat Buchanan’s book, “State of Emergency: The Third World Invasion and Conquest of America.”

In the article, he cites a fact Buchanan pointed out about illegal aliens’ criminality, saying, “One in every 12 people breaking into the United States illegally has a criminal record.”

He also notes Buchanan’s claim about white people becoming a minority, saying, “By 2050, the U.S. population of European descent will be a minority, as it is today in California, Texas, and New Mexico.”

Smerconish writes, “Those coming here are disproportionately poor, uneducated and criminal. And the fact that they are emigrating from countries that have themselves never been fully assimilated into the First World, is what separates this group from our forefathers. They are breaking in, not playing by the rules. Most important, many have no desire to be American. So why does it continue?

“The status quo is enabled by multinational corporations anxious to topple sovereign borders, a Hispanic media that depends for its survival on the perpetuation of bilingualism and gutless politicians. Political correctness is a major factor. Witness how many seek to dismiss Buchanan’s analysis as the work of a white guy uncomfortable with the realization that his kind is losing its dominance and control. Or they try to label him a racist or xenophobe.”

Finally, he ends the column by saying, “‘State of Emergency,’ indeed. It’s time to close and defend our borders.”

Smerconish also wrote a sardonic 2006 article for HuffPost that seemed to criticize illegal immigrants for their lack of assimilation and the political correctness that prevents people from talking about it.

He also advocated a position that many leftists would seemingly find Islamophobic in a 2005 column for HuffPost. In the article, he speaks approvingly of flushing the Koran down the toilet to intimidate Muslim Gitmo detainees.

He says, “When I first read the Newsweek blurb that said our interrogators were threatening the flushing of the Koran as a means of getting information out of bad guys at Gitmo Bay, it didn’t even register. It was that tame, at least to me. After all, what we’re talking about here is the use of non-physical means to extract information from suspected al Qaeda members in the context of a war – on terror.”

He adds, “Those depicted on my set are willing to work themselves into a lather – while burning our flag – over reports of the American Standardizing of the Koran, and look about one small step removed from the terrorists who cut off Nick Berg’s head or flew airplanes into the Twin Towers. These enemies of the United States are lunatics, and the depravity of radical Islam knows no bounds. If the toilet act doesn’t work, let’s try a menstruating American GI, riding a pig, if available.”

CNN drew outrage this week after its reporter Andrew Kaczynski tracked down the creator of the pro wrestling gif tweeted out by President Trump and the network seemed the threaten to reveal the man’s identity. Many saw CNN’s behavior as “blackmail.” (RELATED: ‘Extremely Unethical’ — CNN Draws Backlash After Threatening To ID Reddit User Behind Trump’s WWE Video)

However, Smerconish had a different take, saying on his SiriusXM show Wednesday that because the creator of the gif may also have made postings that were racist and anti-Semitic, he deserves to be outed.

“If he continues to be a racist, if he continues to be a bigot, if he continues to be anti-Semitic, they’re gonna out him. Yeah, I like that,” he asserted. “He should be outed.”

Smerconish also said on Thursday that people who “promote hate,” also “sacrifice any right to privacy that you otherwise would have had.”

By saying this, Smerconish essentially endorsed doxxing anyone who can be perceived to be a “racist” or “bigot,” effectively leaving them jobless and open to harassment and threats. (RELATED: CNN Analyst: You Don’t Have The ‘Right’ To Be Anonymous)

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By Sara Burnett

(AP)Illinois is on track to become the first U.S. state to have its credit rating downgraded to “junk” status, which would deepen its multibillion-dollar deficit and cost taxpayers more for years to come.

S&P Global Ratings has warned the agency will likely lower Illinois‘ creditworthiness to below investment grade if feuding lawmakers fail to agree on a state budget for a third straight year, increasing the amount the state will have to pay to borrow money for things such as building roads or refinancing existing debt.

The outlook for a deal wasn’t good Saturday, as lawmakers meeting in Springfield for a special legislative session remained deadlocked with the July 1 start of the new fiscal year approaching.


That should alarm everyone, not just those at the Capitol, said Brian Battle, director at Performance Trust Capital Partners, a Chicago-based investment firm.

“It isn’t a political show,” he said. “Everyone in Illinois has a stake in what’s happening here. One day everybody will wake up and say ‘What happened? Why are my taxes going up so much?'”

Here’s a look at what’s happening and what a junk rating could mean:


Ratings agencies have been downgrading Illinois’ credit rating for years, though they’ve accelerated the process as the stalemate has dragged on between Republican Gov. Bruce Rauner and the Democrats who control the General Assembly.

The agencies are concerned about Illinois’ massive pension debt, as well as a $15 billion backlog of unpaid bills and the drop in revenue that occurred when lawmakers in 2015 allowed a temporary income tax increase to expire.

“In our view, the unrelenting political brinkmanship now poses a threat to the timely payment of the state’s core priority payments,” S&P stated when it dropped Illinois’ rating to one level above junk, which was just after lawmakers adjourned their regular session on May 31 without a deal.

Moody’s did the same, stating: “As the regular legislative session elapsed, political barriers to progress appeared to harden, indicating both the severity of the state’s challenges and the political difficulty of advocating their solutions.”


Think of it as a credit score, but for a state (or city or county) instead of a person.

When Illinois wants to borrow money, it issues bonds. Investors base their decision on whether to buy Illinois bonds on what level of risk they’re willing to take, informed greatly by the rating that agencies like Moody’s assign.

A junk rating means the state is at a higher risk of repaying its debt. At that point, many mutual funds and individual investors — who make up more than half the buyers in the bond market — won’t buy. Those willing to take a chance, such as distressed debt investors, will only do so if they are getting a higher interest rate.

While no other state has been placed at junk, counties and cities such as Chicago, Atlantic City and Detroit have. Detroit saw its rating increased back to investment grade in 2015 as it emerged from bankruptcy — an option that by law, states don’t have.


Battle says the cost to taxpayers in additional interest the next time Illinois sells bonds, which it inevitably will need to do in the long-term, could be in the “tens of millions” of dollars or more.

The more money the state has to pay on interest, the less that’s available for things such as schools, state parks, social services and fixing roads.

“For the taxpayer, it will cost more to get a lower level of service,” Battle said.

Comptroller Susana Mendoza, who controls the state checkbook, agreed.

“It’s going to cost people more every day,” she said. “Our reputation really can’t get much worse, but our state finances can.”


Because the state has historically been a significant funding source to other entities, such as local government and universities, many of them are feeling the impact of Illinois’ worsening creditworthiness already.

S&P already moved bonds held by the Metropolitan Pier & Exposition Authority and the Illinois Sports Facilities Authority — the entities that run Navy Pier, McCormick Place, and U.S. Cellular Field — to junk.

Five universities also have the rating: Eastern Illinois University, Governors State University, Northeastern Illinois University, Northern Illinois University and Southern Illinois University.