Harassment Lawsuit Filed to Intimidate Florida Sheriffs
has been filed against Palm Beach County Sheriff
Bradshaw as a result of an immigration hold (detainer)
placed on Guatemalan Marcotulio Mendez by Immigration
and Customs Enforcement (ICE). The lawsuit alleges
Sheriff is "violating immigrants' constitutional rights
by keeping them in jail."
details and proper legal analysis of the lawsuit are
not now available, it is the initial analysis of FLIMEN
that the lawsuit is a frivolous, well-orchestrated
attempt to intimidate law enforcement officers against
enforcement of immigration law. The tight-knit
left-wing groups involved are El Sol, the Florida
Immigrant Coalition and the Florida ACLU.
(detainer) are federally authorized orders under
the Executive branch, not under the Judicial
branch. So called 'immigrant rights' activists
have long sought all immigration rulings be moved
to the Judicial branch instead of the Executive
Branch. A move to the Judicial branch has long
been opposed by leading groups such as FAIR.
Barry Silver, a former
Florida State Representative, is well-known for
filing frivolous lawsuits on behalf of left-wing
causes. Mr. Silver has been heavily involved with
the Palm Beach County Environmental Coalition along
side Lake Worth Commissioner Cara Jennings. It was
who defended Peter
the best friend of Cara Jennings. Ms. Jennings
was instrumental in opening of the Lake Worth
Illegal Alien Hiring Hall along with Lake Worth
Mayor Jeff Clemens.
The taxpayer-assisted El
Sol Neighborhood Resource Center with Attorney Jill
Hanson as Director has joined the lawsuit as
The ACLU sent out a
warning to law enforcement agencies statewide prior
to the lawsuit, demonstrating co-ordination with
other groups. While not illegal or unethical, it
is useful for citizens to understand the
sophisticated manipulation of the law enforcement
by left-wing groups.
The Palm Beach (Com)Post
article headline states "minor charges." However,
how many victims of accidents caused by illegal
aliens consider unlawful presence, driving without
a license and fleeing from police as "minor?"
Based solely on the
article below it is curious that the Plaintiff
alleges "state judges have said they can be
released on bond." From a legal standpoint,
whatever a state judge says is probably irrelevant
because of the "supremacy clause" where federal law
supercedes state law.
Barry Silver states; "he
is hopeful the action sends a message to other
Florida sheriff's." It is interesting that the
quotation from the Plaintiff's Attorney is
an implied threat rather than a statement promoting
the merit of his case.
conclusion, FLIMEN suspects this lawsuit to be more
intimidation in nature than a lawsuit based on real
merit. It seems highly unlikely that a court would
overturn the federal authority of detainer.
track this lawsuit and will provide further more
authoritative details as they develop.
September 10, 2009