Sheriff made a FB post explaining the difference between a detainer and a warrant. One is a constitutional request for transfer of a prisoner, one is not. Iowa governor threatens him with prosecution for committing to follow the law. MAGA Gov. Threatens Sheriff After 4th Amendment Social Media Post, "I Am Filing With the Attorney General" In Iowa, Winneshiek County Sheriff Dan Marx posted a letter on Facebook which said the sheriff’s office will not comply with a detainer request from U.S. Immigration and Customs Enforcement “if their actions or paperwork are not within constitutional parameters.” Marx explained the difference between non-judicially vetted “detainers,” which “are very different than warrants and are simply an unconstitutional ‘request’ from ICE or other three letter federal agency to arrest or hold someone.” The Sheriff wrote: “The only reason detainers are issued is because the federal agency does not have enough information or has not taken the time to obtain a valid judicial warrant. Simply put, they are not sure they are detaining the right person and need more time to figure it out. For the person who could be held erroneously (or determined to be someone other than who ICE is seeking), there is a gross violation of rights at hand. Specifically, these detainers are violations of our 4th Amendment protection against warrantless search, seizure and arrest, and our 6th Amendment right to due process. He added: “You may say, ‘Those who entered our country illegally are not US citizens and, therefore, are not afforded constitutional rights!’ But what if the person being held is a US citizen who happens to have the same name or shares other similarities with the subject of the detainer? Are you willing to sit in jail or a federal prison on an unconstitutional detainer with no right to due process until ICE clears your name? Or, if it were you or a loved one falsely arrested and/or detained, would you feel differently?” Republican Iowa Governor Kim Reynolds responded to Sheriff Marx (and the Winneshiek County Board of Supervisors) with a letter, “reminding them of their obligation to follow state law and comply with ICE's enforcement of our immigration laws.” Reynolds also reminded Marx that state law prohibits a sheriff from prohibiting or discouraging a law enforcement officer “from assisting or cooperating with a federal immigration officer as reasonable or necessary.” Reynolds said her letter “shall be treated as a complaint I am filing with the attorney general,” and warns Sheriff Marx that he and the county “can become ineligible to receive any state funds if the local entity is found to have intentionally violated” the state law.
Generally, people visiting the US have same constitutional protections as citizens … at least that’s what some other Supreme Court ordered a long time ago…. This Supreme Court would probably overturn it if given a chance, but for now, the sherif is correct.
You mean the political party criminal organization which is being led by the guy who tried to overturn an election and faced no consequences for it is now ..... unconcerned with following the law? Who could have predicted this?!
There are tons of cases of Sheriff’s/ jails getting burned by this over the years. Detainer placed, maybe they come back with paperwork, maybe forget and just let the person sit. Months later… Smart folks require the documentation up front.
the fact that they are threatening to prosecute officers of the court for following the law should concern all of us. just threatening them publicly to discourage other dissent is unacceptable
You mean "ought to be unacceptable." It's acceptable to MAGA. But then again, a sitting President enacting a criminal conspiracy to overturn an election and not peacefully transfer power was also acceptable to MAGA. So here we are.
MAGA - is this okay with you? Threatening a sheriff for doing his consitutional duty? back the blue or back the brown shirts..what are you going to do?
New world, new rules! What MAGA and the Repubs forget is they are laying down precedents that can be utilized later on to the advantage of progressives. They assume the tables will never be turned. FAFO
You have to give credit to Trump for the increase in Americans’ “understanding” of civics. Assuming voter ID laws become the standard, a voter ID should have on the back (at minimum) the 4th, 5th, and 6th amendments for Americans to be aware of their rights. It should also include a list of things by state of ID that a LEO must do to detain or arrest you. Where are Thomas Massie and Rand Paul hiding?
ICE out here already making stuff up out of thin air. Props to these officers with Unified PD. After these feds called UPD to write a ticket for a man supposedly swerving at them, 2 of the 3 refused to put their names on written statements. ‘Unbelievable’: Utah police didn’t buy ICE account of viral traffic stop, reports and body cam footage show A Utah police officer was so troubled by a recent encounter between a West Jordan man and federal immigration agents in Millcreek that he didn’t want his name associated with a traffic citation that resulted from the interaction. “F---ing total bulls---,” the Unified Police Department officer said while printing out the ticket, body camera video shows. “I feel f---ing horrible f---ing doing this.” “Why the f--- was he in handcuffs? That’s f---ing ridiculous,” the first officer continued. “I wish I could take my name off this.” “I am concerned that several ICE officers apparently overstepped, demonstrated unprofessional and perhaps criminal conduct, and trampled the rights of an American citizen employed in my city,” Silvestrini wrote in a Jan. 28 email to an ICE representative. “I request an inquiry into this incident, and, if warranted, consequences for your officers, to perhaps include criminal charges for providing a false report of information to my police officers in violation of [the law].”
This should not be ok with anyone. Crazy to be in a position to ask the question and have it be legit. Amerika
