The question of whether federal government agencies like the US Immigration and Customs Enforcement have the authority to arrest immigrants in state courts is being challenged once again, this time in the First Circuit with the support of the five prominent Massachusetts attorney groups. In a recent brief submitted to the court, the groups argued that ICE should not have the power to use state judicial systems to enforce immigration, especially since many cases are being dropped solely out of fear of arrest by key parties. They warn that harmony between law enforcement and community members would be shifted, citing that the justice system would be negatively affected in state courts.
BC Law Adjunct Professor and Director of BC Law's Amicus Brief Clinic Tom Carey represents the bar associations in this brief on behalf of the Massachusetts Bar Association, along with Martin W. Healy and Christopher N. Lasch. Carey’s work with BC Law students in the Amicus Clinic is providing students another unique opportunity to help research and develop briefs in an attempt to impact litigation in court through development of different perspectives in cases like this.
"This is another example of the opportunities the Amicus Brief Clinic provides for BC Law students to participate in appellate advocacy at the highest levels on some of the most important cases and difficult issues our appellate courts face," said Carey. "I'd like to thank all those who helped out, especially to [Law Librarian] Karen Breda for her extensive and invaluable work on the brief."