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U.S. NEWS Tuesday 25 July 2017

Courts: Police cannot detain

immigrants without charges

By MARK PRATT the court wrote.
Associated Press The decision is a major
BOSTON (AP) — Massa- setback to the Trump ad-
chusetts police officers do ministration’s crackdown
not have the authority to on immigration enforce-
arrest someone suspect- ment, the American Civil
ed of being in the U.S. il- Liberties Union of Massa-
legally if that person is not chusetts said.
facing criminal charges, “This court decision sets
the state’s highest court an important precedent
ruled Monday. that we are a country
The Supreme Judicial that upholds the constitu-
Court opinion applied tion and the rule of law,”
specifically to officers who Carol Rose, the ACLU’s
provide security in state executive director said.
courthouses, but the rul- “This victory is the first of
ing also suggested that no its kind in the nation. At
Massachusetts police offi- a time when the Trump
cer has the legal standing administration is push-
to comply with such fed- ing aggressive and dis-
eral requests. One of the criminatory immigration Peter Kema Sr., left, appears Monday, July 24, 2017, in Hilo, Hawaii, with his attorney, Stanton Os-
state’s police associations enforcement policies, hiro, for sentencing in the 1997 death of his 6-year-old son, Peter Kema Jr. The father of a 6-year-
said the ruling applied to Massachusetts is leading old Hawaii boy who disappeared two decades ago was sentenced Monday to 20 years in prison
all state law-enforcement nationwide efforts by lim- for manslaughter, fulfilling a deal with prosecutors that required him to reveal the location of his
officials. The U.S. Supreme iting how state and local son’s body.
Court has ruled that re- law enforcement assist (Hollyn Johnson/Tribune Herald via AP)
maining in the U.S. when with federal immigration Hawaii:
subject to deportation enforcement.”
migration and Customs Dad of missing boy is sentenced in death
is a civil infraction, not a A spokesman for U.S. Im-
criminal one. In its unani-
mous decision Monday, Enforcement did not im-
the Supreme Judicial mediately respond to a
Court pointed out there request for comment. By JENNIFER KELLEHER uty Prosecuting Attorney Kema, was released from
is no state law that pro- The president of the Mas- Associated Press Rick Damerville said. jail in April after serving a
vides “authority for Mas- sachusetts Major City HONOLULU (AP) — The fa- Kema later passed a poly- year for manslaughter. At
sachusetts court officers Chiefs of Police Associa- ther of a 6-year-old Hawaii graph test, which said he a hearing last year, she
to arrest and hold an indi- tion says the ruling will be boy who disappeared two was telling the truth about agreed to facts that pros-
vidual solely on the basis a major shift for police. decades ago was sen- where he disposed of the ecutors laid out in court
of a federal civil immigra- Brian Kyes, who is also po- tenced Monday to 20 years remains and allowed his about abuse the boy suf-
tion detainer beyond the lice chief in Chelsea, near in prison for manslaughter, sentencing to move for- fered, her failure to get him
time that individual would Boston, says even those fulfilling a deal with pros- ward.Prosecutors believe medical treatment and his
otherwise be entitled to charged with a crime will ecutors that required him the child, known as “Peter eventual death. That was
a release from state cus- have to be released after to reveal the location of his Boy,” was abused and died the first official confirmation
tody.” “Conspicuously paying bail. In the past, son’s body. from septic shock after a the child was dead.
absent from our common police would often detain Peter Kema Sr. must serve festering arm sore went un- The Kemas had long been
law is any authority (in the them at ICE’s request. a minimum of six years treated. suspects in their son’s dis-
absence of a statute) for The court’s decision came and eight months. Though Kema declined to speak at appearance, but pros-
police officers to arrest in the case of Sreynuon Kema led police and pros- his sentencing. ecutors said they didn’t
generally for civil matters, Lunn, who in October ecutors to a remote coast- “He didn’t apologize or have enough evidence to
let alone authority to ar- was arraigned on an un- al area of the Big Island in acknowledge his family,” charge them until last year,
rest specifically for federal armed robbery charge in April, water and time pre- Prosecuting Attorney Mitch when a grand jury indict-
civil immigration matters,” Boston Municipal Court.q vented authorities from Roth said. ed the couple on murder
finding any remains, Dep- The boy’s mother, Jaylin counts.q