logo
    • Magazine
    • Membership
    • Donate
  • Racial Justice
  • Economic Justice
    • Collections
  • Climate Justice
  • Health Justice
  • Leadership
  • CONTENT TYPES
  • Subscribe
  • Webinars
    • Upcoming Webinars
    • Complimentary Webinars
    • Premium On-Demand Webinars
  • Membership
  • Submissions

Landmark High Court Decision in MA: Law Enforcement Cannot Detain Immigrants Just for ICE

Ruth McCambridge
July 25, 2017
Share
Tweet
Share
Email
Print
Image from PBS Frontline, “The U.S. Immigration Detention Boom.”

July 24, 2017; WBUR News

The Supreme Judicial Court of Massachusetts handed down a landmark decision yesterday, ruling that the state’s law enforcement officials do not have the right to detain immigrants based only on a detainer request from ICE.

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 ruling in Lunn v. Commonwealth found that state 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 plaintiff, Sreynuon Lunn, was born in Thailand to Cambodian parents. He brought suit because he had been held on a Department of Homeland Security civil immigration detainer even though county prosecutors had dropped the original robbery charge that had been lodged against him. The feds picked him up in February, but neither Thailand nor Cambodia considered him a citizen, so he has not, after all, been deported—just detained.

“Today’s decision is a victory for the rule of law and smart immigration and criminal justice policies, and a rejection of anti-immigrant policies that have stoked fear in communities across the country,” Massachusetts Attorney General Maura Healey said in a statement. She added that the ruling “allows local law enforcement to focus their resources on keeping people safe.”

Sign up for our free newsletters

Subscribe to NPQ's newsletters to have our top stories delivered directly to your inbox.

By signing up, you agree to our privacy policy and terms of use, and to receive messages from NPQ and our partners.

C.M. Cronen, the director of the ICE field office in Boston, says they are still determining what their next moves will be but asserts that the ruling “weakens local law enforcement agencies’ ability to protect their communities.”

Eva Millona, director of the Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA), said the ruling “provides much needed clarity for Massachusetts law enforcement.” But Susan Church, a former head of the New England chapter of the American Immigration Lawyers Association, believes that the influence of the ruling could be far greater, providing a roadmap for elsewhere.

Carol Rose of the ACLU of Massachusetts called the ruling “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.

—Ruth McCambridge

Share
Tweet
Share
Email
Print
ABOUT THE AUTHOR
Ruth McCambridge

Ruth is Editor Emerita of the Nonprofit Quarterly. Her background includes forty-five years of experience in nonprofits, primarily in organizations that mix grassroots community work with policy change. Beginning in the mid-1980s, Ruth spent a decade at the Boston Foundation, developing and implementing capacity building programs and advocating for grantmaking attention to constituent involvement.

More about: nonprofit advocacy Supreme CourtCustoms and Border PatrolImmigrationNonprofit NewsPolicy

Become a member

Support independent journalism and knowledge creation for civil society. Become a member of Nonprofit Quarterly.

Members receive unlimited access to our archived and upcoming digital content. NPQ is the leading journal in the nonprofit sector written by social change experts. Gain access to our exclusive library of online courses led by thought leaders and educators providing contextualized information to help nonprofit practitioners make sense of changing conditions and improve infra-structure in their organizations.

Join Today
logo logo logo logo logo
See comments

NPQ_Winter_2022Subscribe Today
You might also like
Cancelling Student Debt Is Necessary for Racial Justice
Kitana Ananda
To Save Legal Aid, Expand Public Service Loan Forgiveness
Zoë Polk
No Justice, No Peace of Mind and Body: The Health Impacts of Housing Insecurity for Black Women
Jhumpa Bhattacharya, Maile Chand and Andrea Flynn
The Human Impact of the Global Refugee Crisis Must Be Understood—And Acted Upon
Anmol Irfan
Black Americans Need Reparations: The Fight for the CTC Highlights the Roadblocks
Jhumpa Bhattacharya and Trevor Smith
I Was Arrested For Protesting Racial Injustice—and Nearly Deported
Máxima Guerrero

Upcoming Webinars

Remaking the Economy

Black Food Sovereignty, Community Stories

Register Now
You might also like
Cancelling Student Debt Is Necessary for Racial Justice
Kitana Ananda
To Save Legal Aid, Expand Public Service Loan Forgiveness
Zoë Polk
No Justice, No Peace of Mind and Body: The Health Impacts of...
Jhumpa Bhattacharya, Maile Chand and Andrea Flynn

Like what you see?

Subscribe to the NPQ newsletter to have our top stories delivered directly to your inbox.

See our newsletters

By signing up, you agree to our privacy policy and terms of use, and to receive messages from NPQ and our partners.

Independent & in your mailbox.

Subscribe today and get a full year of NPQ for just $59.

subscribe
  • About
  • Contact
  • Advertise
  • Copyright
  • Careers

We are using cookies to give you the best experience on our website.

 

Non Profit News | Nonprofit Quarterly
Powered by  GDPR Cookie Compliance
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

Strictly Necessary Cookies

Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.

If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.