[Boston Herald] A federal appeals court just handed Bristol Sheriff Thomas Hodgson a major victory over ICE detainees who pushed to get out of jail — including a convicted rapist who escaped from prison in Brazil.The illegal immigrants who face deportation were ordered to remain locked up in the county jail, the U.S. Court of Appeals for the First Circuit ruled.
"This is a big win. It really validates what sheriffs across the country are talking about," Hodgson told the Herald Friday. "It will send a clear message that public safety does matter."
Hodgson said the detainees arrested by Immigration and Customs Enforcement are being held in the Bristol County House of Correction in North Dartmouth. That’s where they will stay.
The appeals court ruled in a decision posted Thursday that the class action lawsuit by a dozen prisoners, with most already moved out, is denied. "Remedying overcrowding does not require releasing every detainee on bail," the decision states.
The court’s ruling adds that 42 inmates were released due to concerns about the coronavirus, but 19 were not. Steps were also taken to cap any new arrivals and take safety measures inside the jail.
"Granting bail under these circumstances ’requires individualized determinations, on an expedited basis, and ... should focus first on those who are detained pretrial who have not been charged with committing violent crimes," the decision states.
A lawyer for the ICE detainees, Sameer Ahmed from the Harvard Immigration and Refugee Clinical Program, could not be reached for comment.
The criminal records, the court stressed, were the overriding factor.