Petition is 'thinly veiled request' to void federal immigration laws, Montana attorne
Petition is 'thinly veiled request' to void federal immigration laws, Montana attorney general says
4 hrs ago
AP
BOZEMAN — A day after a man suspected of being in the country illegally who feared posting bail was released from jail and within an hour taken into custody by immigration officials, Montana's attorney general filed a brief saying a state Supreme Court case filed on his behalf was a "thinly veiled request" for the state's high court to nullify federal immigration law.
Montana Attorney General Tim Fox's brief, filed Friday, called a petition by Arturo Valerio-Gonzales a "thinly veiled request" for the court to nullify federal immigration law. It argues that the Gallatin County jail has the authority to voluntarily comply with an immigration detainer.
The brief from the attorney general also argues that detainer requests are not "federal commandeering" of a state's authority because they are requests and not commands, and also say the Bozeman jail had clear authority to comply with the request from immigration officials.
Public defender Annie DeWolf argues Arturo Valerio-Gonzales' release Wednesday was coordinated by local and federal officials to render moot an effort before the Montana Supreme Court that argues civil immigration holds are illegally keeping defendants in jail. Such detainers are a request for local authorities to hold someone who is suspected of being in the country illegally for another 48 hours after they are eligible for release from custody. The extended detention allows immigration agents to decide whether defendants should be taken into federal custody to begin the deportation process.
The Gallatin County attorney's office filed a motion Thursday asking the Supreme Court to declare DeWolf's petition moot because he has already been released. The attorney general's office did the same on Friday.
DeWolf said she still plans to ask the state Supreme Court to rule on the issue because it could be repeated.
Valerio-Gonzales, 46, had been jailed on misdemeanor federal sexual assault charges since June even though he could afford to post bail. His trial was scheduled to start Dec. 12.
The American Civil Liberties Union of Montana, the Montana Human Rights Network and other groups filed a brief supporting Valerio-Gonzales' release.
"Arturo Valerio-Gonzales is not the first person in Montana, nor will he be the last, to have his detention unlawfully prolonged due to the improper use of ICE detainers," wrote ACLU of Montana legal director Alex Rate. "Montana should join the list of states that have rejected the widespread use of civil ICE detainers as a means of unlawfully imprisoning individuals, who enjoy the presumption of innocence, pending trial."
Valerio-Gonzales was charged with sexually assaulting a woman in a vehicle at a gas station near Bozeman. The woman said she had been traveling with the defendant and that they had pulled over to rest when the alleged assault occurred. He has pleaded not guilty.
Valerio-Gonzales has lived in Utah for about 20 years and has two children who are American citizens, DeWolf said. She said she did not know if he was in the country illegally.
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