Citing conditions that amount to ”cruel and unusual punishment,” a Miami federal judge ordered U.S. immigration authorities Thursday night to release hundreds of detainees held at three South Florida detention centers.
In a strongly worded 12-page order filed late Thursday, U.S. District Judge Marcia G. Cooke said U.S. Immigration and Customs Enforcement has acted with “deliberate indifference” to the condition of its detainees. She ordered the agency to report to her within three days how it plans to cut its non-criminal and medically vulnerable populations by the hundreds.
The judge also ordered the agency to submit weekly reports on the releases. After 10 days, ICE is to begin filing twice-weekly reports. Within two days, she ordered, ICE shall also provide masks to all detainees and replace them once a week.
“There is record evidence demonstrating that ICE has failed in its duty to protect the safety and general well-being of the petitioners,” Cooke wrote. “Social distancing at Krome is not only practically impossible, the conditions are becoming worse every day. Further, ICE has failed to provide detainees in some detention centers with masks, soap and other cleaning supplies, and failed to ensure that all detainees housed at the three detention centers can practice social distancing.”
She added: “Such failures amount to cruel and unusual punishment because they are exemplary of deliberate indifference.... Accordingly, there is sufficient evidence in this record to determine that the present conditions at the three detention centers constitute a violation of the Petitioners’ Fifth and Eighth Amendment rights.”
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where are those government official come from?
it is easy to put bad judges in place which the DemoNcRAT party does,
it is more difficult to replace bad judges with good judges,
you see it in court a lot,
the district attorney has to tell the judge,
your honor your ruling is illegal and unconstitutional
There ought to be a way to remove these traitorous judges. God help America; they are coming at us from every angle they can think of!
put them on buses or trains or planes make them hitchhike to california
The President should step in and inform the judge that her order is a violation of the law and puts the public at serious risk... hence, it will not be followed, pending an appeal. If necessary he could move all the illegals to other government locations, those, outsides of this judge's jurisdiction, and work to have her removed or transferred to federal court where there are no major INS or Border Patrol detention centers...or serious federal cases brought.
How about this for thinking outside the Box... commission and refit mothballed US Navy vessels as mobile detention centers... where no federal judge may have any jurisdiction or the jurisdiction keeps moving. If it becomes necessary to release a detainee... one can do so in Mexico or Cuba or Haiti or Honduras... just put them in life rafts offshore and sail away.
Pres. Trump needs to manage the judiciary where possible... I am not certain, but I believe the senior federal judge in a district is responsible for bench assignments... Maybe he can persuade the Sr. Judge to move her to an administrative seat... or to a court with no immigration jurisdiction. We must start thinking outside the box when dealing with these overreaching judges.
In any event, he should not release these individuals into the public... if all else fails to release them in front of the Court while it is in session and at her home after sunset.
I'll bet she's feeling real noble and righteous turning these poor innocent criminals out on the public at the detriment of us tax paying citizens. She's basking in all the liberal high fives and back slapping and oblivious or don't care as to all that's going on in our communities with out of control illegal immigration and crime. So, just turn them out on us. What's difference to you do a few more murders, rapes, robberis, child molestations, DUI manslaughter and drug sales make. I'll bet you have adequate security to make sure none of these criminals are going to assault you, right? Oh, and thanks for spitting in the eye of our great men and women of law enforcement. I wonder how many of them were injured or killed when arresting these fine people. Now, they will eventually have to go out and do it again. Evidently you think that protecting a criminal from the corona virus that has a 2% or so chance of killing them is more important than protecting let's say a 5 year old girl from being repeatedly raped and murdered. You've gotten your 15 minutes of fame, now rescind the order and keep them locked up. Just more of that self righteous Progressive moral high ground citizens with common sense are getting sick of. It's obviously all about you Judge and not about us the citizens. Aren't you about ready to retire?
In your own words: "Such failures amount to cruel and unusual punishment because they are exemplary of deliberate indifference." Yes, your failures and towards the citizens of this great nation.
This is the classic case of the judge legislating instead of using the rule of law. If this judge truly wants to legislate, then they need to put their name on a ballot and let the people decide. I believe this fjudge would be shocked when finding out what the voters really think of them.
hey judge, these people have broked US laws, we do not owe them anything. If you feel so bad for them, invite them to camp out on your property !
I thought Ice worked for the feds. How does she have the rights to do this. We have been all locked down for weeks and that is ok becauce we are American Citizens. Perhaps she is hoping some of them have the virus so they can spread it and blame the Governor for opening up Florida.
Put them on boats and haul their butts to mexico.
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