What to know about the comment on children’s rapists

“You are not a police commissioner. Remove that badge of your chest, put it in the desktop drawer because you became a politician. He forgot what it is to be a policeman, ”said Homan while talking at a meeting of the Conservative Political Action Conference.

Here are some questions and answers about the Imbroglio.

An ICE spokesman said he wasn’t sure what cases Homan meant, but pointed out a series of arrests publicized by ICE in News Liberations

While some of these launches referred to alleged rapists, none dealt with non -citizens in Massachusetts who had been convicted of child violation.

Homan did not seem to distinguish between convicted and presumed criminals in his comments. And did not provide evidence that Cox had any role in the release of those nine suspects. The Boston Police have no voice in cases outside its jurisdiction. And the Police also does not make bail decisions, which is established by a judge after the arguments of the prosecutors and defense lawyers.

They are usually sentenced in prison. The violation of a child has a sentence of life imprisonment, and in 2023 he had an average minimum prison sentence of five years, according to a state report. For the forced violation of a child, the minimum median sentence was seven years. And for aggravated childhood violation, it was 12 years.

No, according to the Supreme Judicial Court of the State.

In the American justice system, the defendants are presumed innocent before trial.

The judges set the bond. Legally, the purpose of the bond is to ensure that an accused returns to the courts, not to keep them away from the streets. The bond “is not a form of punishment, but a way of helping to ensure that a defendant appears before the Court at a later date”, according to the Executive Office of the Court of First Instance of the State.

And immigration stops are not a legal justification for keeping someone before the trial under the Massachusetts law.

“The Massachusetts Law does not provide authority for Massachusetts Court officers to arrest and have an individual only on the basis of a federal detention of civil immigration, beyond the time in which the individual would have the right to be released from the State custody, “the Supreme Court of the State Judicial Court wrote in a 2017 ruling.

In Massachusetts, prosecutors can ask a judge to keep a defendant for up to 120 days if they are considered too dangerous to release. The judges decide whether to keep a defendant after a danger of danger, and must find that there are no less restrictive measures that protect the public.

“The application of the local law cannot keep someone who is otherwise eligible for liberation,” said Sarah Sherman-Stokes, associate director of the Immigrant Rights Clinic and Traffic of Persons at the Law Faculty of Law of the Law of the Law Boston University.

No, according to municipal officials and Sherman-Stokes.

“Ice is not prohibited to carry out its own investigations in the state of Massachusetts and, in fact, ICE is involved in a lot of application in the state of Massachusetts,” said Sherman-Stokes.

The ruling of the Supreme Judicial Court and the Boston Trust Law not “in any way forbid your normal duties.” It simply limits the scope of cooperation between ice and the application of local law, ” said Sherman-Stokes.

Chelsea and Somerville are sanctuary cities that now demand the Trump administration. In demand, cities said their policies are not a barrier for ice to act on its own.

“The resolutions/ordinances/policies make it clear that they allow the efforts of federal immigration compliance agents occur without obstacles,” the cities said in the demand.

In one case publicized by ICE, National Guatemalan, 49, José Fernando-Pérez, was accused of forced violation of a minor in 2022 in the Superior Court of Essex.

ICE affirmed in a press release that his arrest was ignored by the state courts and Fernando-Pérez was released into the streets. However, the state court records show that a Judge of the Superior Court of Essex found Fernández-Pérez dangerous and placed it under house arrest with monitoring of a GPS bracelet in 2022.

Fernando-Pérez complied with these restrictions and could have been found in the Framingham direction that appears in the judicial records for 28 months, according to the state records. However, it was not until this month that Ice stopped him at Framingham’s house, The Globe reported.

The Globe has asked ICE since February 13 what efforts they made to stop Fernando-Pérez during the 28 months that he was under house arrest. The agency has not yet responded to the investigation.

Fernando-Pérez is now detained in the Ice Unit at the Plymouth County Correctional Center.

Can the federal government force state authorities to enforce the immigration law?

The Federal Government cannot force state authorities to honor detheors, under a ruling of the 1997 Supreme Court that prohibited the federal government from directing local officials directly to local officials to enforce federal law. The Supreme Court determined that the practice violated the tenth amendment, which established a balance of power between the states and the federal government.

Federal law Do states and municipalities prepare communication with the immigration authorities on the immigration state of any person? But the most extensive cooperation is at the height of the discretion of state and local authorities, legal experts told The Globe.

You can contact Dan Glaun at [email protected]. Follow it @dglaun. You can contact John R. Ellement at [email protected]. Follow it @Jrebosglobe.