A big hole in the argument
Monday, Jan 27, 2025 - Posted by Rich Miller
* From the Chicago Tribune last week…
A downstate Republican lawmaker is urging Illinois prison employees to secretly send her information on undocumented immigrants who are behind bars so she can pass the information on to federal immigration authorities, raising concerns from a civil liberties group that she’s encouraging the workers to circumvent the state’s sanctuary law.
“If you are (Illinois Department of Corrections) staff who wants ICE to know of an illegal immigrant in IDOC call or message me,” state Sen. Terri Bryant of Murphysboro wrote in posts on X earlier this week. “I won’t rat you out. I will notify ICE.”
I was thinking over the weekend that there seems to be a big hole in Sen. Bryant’s logic.
* Attorney General Kwame Raoul addressed it during an interview with The 21st Show’s Brian Mackey…
If there’s a murder or sexual assault committed by an undocumented immigrant in the state of Illinois, the people of the state of Illinois rely on law enforcement officials within the state of Illinois to hold that individual responsible and make sure that they’re convicted and they’re penalized for the crime that they have committed.
So if the answer is, ‘Well, just deport them even before you convict them,’ then you’re not holding them responsible for the crime that they commit.
What’s to say, they don’t find a way to sneak back into the country after they’re free, they’ve been deported and they’re free, let’s just say they figure out how to get around Donald Trump’s partial wall and get back into country?
So there’s a real public safety interest in the Trust Act and to make sure that local and state law enforcement gets to hold people who’ve committed crimes responsible, violated their state criminal law, responsible.
That same logic would apply to people who’ve been convicted and are now incarcerated. Do we really wanna spring them from prison so they can be deported?
- New Day - Monday, Jan 27, 25 @ 2:24 pm:
I’m shocked, shocked I tell you that a right wing member of the GA didn’t think through their position before doing the MAGA thing.
- Pundent - Monday, Jan 27, 25 @ 2:32 pm:
I thought Bryant’s suggestion was ridiculous the first time I heard it. Do we really want ICE showing up at the state pen to spring convicted felons? The reality is that the millions of supposed felon immigrants is nothing more than a smokescreen. But to create the appearance that this is some sort of an epidemic we have to resort to Dr. Phil and Sen. Bryant stunts.
- Norseman - Monday, Jan 27, 25 @ 2:34 pm:
MAGA pols suffer from Immigration Derangement Syndrome and don’t think about facts or the consequences of their simplistic cruelty-based ideas.
- IDOC retiree - Monday, Jan 27, 25 @ 2:56 pm:
In my opinion, I believe she is making reference to individuals being released. In the absence of an active federal or state, IDOC does not honor a “hold” as the directive memorandum stated. An individual, regardless of status, is released into the state.
- 47th Ward - Monday, Jan 27, 25 @ 3:01 pm:
I thought the hole in the argument was that IDOC already knows the immigration status of its incarcerated population. Why does Bryant want snitches? She can either ask for the data or anyone can FOIA it.
- Mason County - Monday, Jan 27, 25 @ 3:11 pm:
=What’s to say, they don’t find a way to sneak back into the country after they’re free, they’ve been deported and they’re free, let’s just say they figure out how to get around Donald Trump’s partial wall and get back into country? =
True, but what’s to say that upon the completion their prison term, and they are allowed to stay, they will not commit another crime.
Also, it is not clear to me whether the Senator is recommending immediate deportation or deportation after serving their time. The latter, of course, makes sense.
- Stephanie Kollmann - Monday, Jan 27, 25 @ 3:14 pm:
This is the basis of the purposely misleading GOP election claims that there are many thousands of people convicted of very serious crimes who have not been “detained.”
(Bause they’re almost all in prison, not immigration deportation proceedings.)
- Former ILSIP - Monday, Jan 27, 25 @ 3:16 pm:
Do we want to “spring” them? Considering that they may very well be going to El Salvador (depending on agreements being negotiated now) and experiencing the tender mercies of the prison system there, it’s not like they’re going to be punished any less, I suspect.
- Flyin'Elvis'-Utah Chapter - Monday, Jan 27, 25 @ 3:18 pm:
If you’re dumb enough to trust Bryant to keep her mouth shut you deserve the misery that is inevitably headed your way.
- Just Another Anon - Monday, Jan 27, 25 @ 3:38 pm:
The issue isn’t with the pre-trial detainment, its that law enforcement cannot inform ICE upon their release, either on pre-trial or upon completion of their sentence.
- maybe - Monday, Jan 27, 25 @ 4:07 pm:
This is mostly an attempted “Gotcha comment.” Raoul knows better, prior to the Trust act people were not deported prior to conviction, nor in the middle of a sentence. If they are convicted they complete their term with IDOC, then upon release Immigration worked with NRC to pick them up and deport them.
- Clarification Needed - Monday, Jan 27, 25 @ 4:07 pm:
Can someone explain why an Illinois citizen/taxpayer should support the incarceration of a criminal that isn’t lawfully in this country?
It seems rational to let the feds deport them.
This basic reasoning is why conservatives are cheering the targeted deportations.
I’m hoping Pritzker clarifies how state sanctuary laws reconcile to federal law with regard to “sans papier” incarcerations.
Not only is he and the legislature putting people in a trickbox of which law to follow— federal or state— he’s costing taxpayers a lot more money with a religious savior complex towards criminals.
Weird times.
- Anyone Remember - Monday, Jan 27, 25 @ 4:10 pm:
IDOC retiree - In your experience, anyone from ICE ever explain why they won’t get judicial warrants and instead use “administrative warrants” and “detainers” ??
- Rich Miller - Monday, Jan 27, 25 @ 4:17 pm:
===should support the incarceration of a criminal that isn’t lawfully in this country?===
So they actually do their time and aren’t let loose south of the border, where they could return.
Break the law, then convicted by a court/jury, then you should do your time. Simple.
- Just Me 2 - Monday, Jan 27, 25 @ 4:21 pm:
If illegal aliens get sent back to the country the second they are convicted of a crime, then that encourages foreigners to come to the U.S. and commit a crime since the punishment is nothing more than a free plane ride home.
- Candy Dogood - Monday, Jan 27, 25 @ 4:48 pm:
A major cause of the American Revolution was the 1774 Administration of Justice Act of Parliament that stripped the colonies of their ability to carry out their own criminal trials as fallout from the Boston Massacre and the subsequent trials of the soldiers.
An American law maker should understand the significance and importance of our Government — THE PUBLIC — to hold a criminal accountable for the crimes they have committed against the public. This would include our ability to charge and take a case to trial and then to carry out the sentence.
Why should the public be robbed of justice based off of the immigration status of the criminal?
The ability to punish a criminal for breaking the law is a fundamental issue of sovereignty and a State Representative that does not recognize this should do some soul searching to figure out if they are in the correct profession.
- IDOC retiree - Monday, Jan 27, 25 @ 4:54 pm:
No. The federal transport staff would pick up. IDOC honored the hold request..Today..I am assuming they no longer share that information.
- Candy Dogood - Monday, Jan 27, 25 @ 4:55 pm:
===“I won’t rat you out. I will notify ICE.”===
The fact that Representative Bryant uses the phrase “I won’t rat you out” suggests she is aware of the fact that she is encouraging public employees to break state law and the manner she is doing it in could also constitute a violation of state law.
If anyone is stupid enough to provide her with this information and she is stupid enough to make good on her promise she has publicly announced the criminal conspiracy.
- don the legend - Monday, Jan 27, 25 @ 5:01 pm:
Maybe Trump can pardon them and then deport them when they walk out of prison.