Listen as Larry spoke with Matthew O’Brien, the Director of Research at the Federation for American Immigration Reform, regarding states honoring ICE detainers.
O’Connor asked for O’Brien’s response to Montgomery County Council President Roger Berliner’s claim that holding an illegal alien without a warrant or probable cause was unconstitutional:
O’Connor: Public officials, elected officials, county executives and what not throughout the state of Maryland have been advised by this state’s Attorney General Mr. Frosh that it would be unconstitutional to hold an illegal alien and respect an ICE detainer and hand them over to ICE unless there is an open warrant or if the police have probable cause that he committed some other crime. Is that true? Is that unconstitutional?
O’Brien: That is not true and this is an attempt from the ACLU and its affiliates to drag immigration cases out. They are trying to terrify all of the law enforcement agencies into believing that there is a civil rights issue that exist. Immigration is a civil administrative jurisdiction. It’s judged by a completely different set of standards then criminal cases and there is no requirement for judicial warrant for the type of probable cause that is required in criminal cases
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