By Judicial Watch —— Bio and Archives December 4, 2017
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Sheriff Hennessy's refusal to share basic information about the release of deportable criminal aliens in her custody - the date, time, and place of their scheduled release - plainly frustrates Congress' clear purpose in enacting section 1226(c). By refusing to share release information, Sheriff Hennessy allows deportable criminal aliens in her custody - aliens Congress plainly intended to be detained upon release from the custody of [law enforcement agencies] such as SFSD - to escape federal immigration officials' grasp. Her restrictions enable aliens who have committed aggravated felonies or other crimes deemed sufficiently serious by Congress to warrant detaining them and denying them bond or conditional parole to remain at large pending removal. Not only might such persons pose a further danger to the community - which was one of Congress' main concerns - but federal immigration officials must spend additional time and resources and assume unnecessary risk to themselves, the aliens, and others locating and apprehending them.In rejecting the attempt to end the lawsuit, presiding Superior Court Judge Harold Kahn wrote there is "sufficient support at this stage of the case for Ms. Cerletti's allegation that the Sheriff's policy prohibiting or restricting release information about suspected priority aliens stands as an obstacle to the accomplishment of Congress' asserted purpose of enabling federal immigration officials to gain access to inmates who may have violated federal immigration laws." The lawsuit may now proceed to discovery. -- More...
Judicial Watch, Inc., a conservative, non-partisan educational foundation, promotes transparency, accountability and integrity in government, politics and the law. Through its educational endeavors, Judicial Watch advocates high standards of ethics and morality in our nation’s public life and seeks to ensure that political and judicial officials do not abuse the powers entrusted to them by the American people. Judicial Watch fulfills its educational mission through litigation, investigations, and public outreach.