The California Supreme Court on Wednesday refused to order the state to stop transferring immigrant inmates to federal immigration centers during the coronavirus pandemic.
In a 6-1 vote, the state’s highest court said attorneys for the inmates may still file lawsuits in county courts to stop the transfers and may later return to the Supreme Court “raising similar claims if circumstances warrant.” The order did not specify which circumstances might warrant a second review, citing only “the dynamic nature of the pandemic.” Trial judges, the court said, should act expeditiously on such suits.
The associations of criminal defense and immigration lawyers called the Immigration and Customs Enforcement centers “virulent incubators of the virus,” with no ability to keep people six feet apart or provide inmates with protective gear such as masks and gloves.the first in immigration custody nationwide to die of COVID-19.State officials told the Supreme Court that the duty to address any legal violations should be borne by federal officials in charge of the centers.
In a dissent, Justice Goodwin Liu said the court should have retained authority over the litigation and sought more written legal arguments and fact-finding before deciding whether to order a moratorium on the ICE transfers. California is a sanctuary state that generally prohibits city and county law enforcement from transferring inmates to ICE without a warrant or notifying ICE of release dates.
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