Lincoln County Sheriff Roby Bowe kept an immigrant thief behind bars, following federal law, but now the ACLU has sued him for unjust detainment.
Agustin Ramon, a 32-year-old dual citizen of Mexico and France (illegal), was booked into the Lincoln County jail for burglary.
Although Ramon’s wife paid a bail bond company $25,000, “officials reportedly told the bondsman that payment would likely not lead to Ramon’s release due to a detainer order from Immigration Customs and Enforcement.”
The man could be released after 48 hours, following the payment of the bond, as long as he was here legally.
The ACLU claims Bowe overstepped his authority by holding Ramon on suspected immigration violations, which would be a civil matter.
“There is no state arrest authority to keep someone who is suspected of being here unlawfully incarcerated as a result of an immigration detainer,” ACLU Legal Director Alex Rate said. “It flips innocent until proven guilty on its head.”
Rate said instances of local officials holding those suspected of immigration violations have become “common practice” in Montana, and the ultra-leftist group wants that stopped.
Apparently, even thieves here illegally should be protected, according to the ACLU.
“Whether it’s Lincoln County, Yellowstone County or Gallatin County, we know local officials are honoring these detainers,” Rate said.
Shahid Haque, an immigration attorney with Border Crossing Law Firm, is also representing Ramon and claimed Montana law requires that illegals must be released from custody once they have posted bond.
The class action suit requests ‘compensation’ for Ramon’s alleged false imprisonment.
Ramon moved to Montana in April, according to the lawsuit, and married his wife in Flathead County in May. However, he is not yet a citizen.
Previously, “In December, the state high court dismissed a petition to release a Mexican immigrant who was held on a detainer, finding the issue was moot since he had come into custody of the Department of Homeland Security, and the question of whether Gallatin County officials were holding him illegally had passed.”
“The Montana Attorney General’s Office filed an amicus brief in that case supporting the detainer, and called the petition a “thinly veiled request” for the court to void federal immigration law.”
Rate claimed that the detainers aren’t being reviewed by “an independent judge,” and that denying prisoners the right to pre-trial release violates the state constitution.
So these lawyers are demanding that illegal criminals get released back into the population, despite the fact that they are breaking the law in a number of ways.
Many people consider that completely backwards and indicative of the state of the left in America.