I honestly love all the law experts here. For some reason, they do not understand the difference between a Retainer Request, and a Warrant. So let me explain. A Retainer Request is a letter from the INS asking the local cops to hold on to this guy or that girl until they get around to picking them up. The INS says they need time to determine if the individual is really illegal or not. Now, a request, even a request from another law enforcement agency is not a legal command.
Now, if the INS sends a warrant over, the police have no choice, they are required by law, both federal and state, to execute all warrants. But the INS does not want to do warrants. That requires a judge, and a lot more paperwork. So they want to keep it unofficial. They want to make it a request. Hey buddy, hold on to that person for us. We might be along shortly to pick them up.
Now, we do not let states decide Federal issues. We grant them the right and authority to manage anything that is not a Federal Issue. States can not declare war. States can not close their borders and prevent people from entering. States can not do a lot of things, because those things are relegated to the Federal Government.
Immigration is one of those things. A state can not declare that the Illegal Immigrant is now legal, because they said so. But States are not doing that. What they are doing is ignoring the requests. No request has the force of law. It is asking for something. What they are saying is that the Federal Government decided and the Supreme Court upheld the simple truth that immigration is a Federal Issue. It’s your authority to decide it, and enforce it. So enforce it without our help. If you want this person, get them on your own.
Now the Feds don’t want that. They want the locals to “cooperate” and by that they mean obey. But the Feds don’t want to take responsibility for their requests. They do not take over the responsibility of holding the individual in jail. It is a request, and not a legal order. That means the local cops are liable. They are liable and they are potentially criminally responsible.
DENVER (AP) — A Colorado sheriff's practice of continuing to jail people suspected of being in the country illegally on behalf of federal authorities is unconstitutional, a judge said as he barred the office from honoring the so-called "detainer" requests.
apnews.com
Not the only case, but just one. The Sheriff decided to continue calling INS, but not hold the suspects after their issue with the courts had been acted upon. So even if the INS sends the request, the Sheriff is prohibited by the Courts from honoring it. Or do you think that the request of a Federal Agent to hold someone is more powerful than a Judge? Because if you do, a lot of really streamlined justice can be meted out rather quickly. It won’t be just, and it won’t be based in law, but hey, at least it will be fast.
The “Sanctuary” cities, counties and states, are not forming a human barricade to stop the INS. That would be illegal. They are just saying that the INS is on it’s own and will get no assistance. That is perfectly fine. It is their right, and it is legal.
Let’s say that the police wanted access to my doorbell camera. I say no. The cop insists. I still say no. I am free to say no until I am given a warrant or subpoena. A written request does not carry any weight of law. It must be an order signed by the judge. Then I am compelled by law to obey. If I refuse after being given the warrant, then I am committing a crime.
But ignoring a request? That always has been and always will be legal.