Federal Appeals Court Rules Frederick Sheriff Illegally Detained Latina Immigrant // Decision Restrains Deportation by Police

Tea Party Sheriff Chuck Jenkins at "Take Back America" Rally

Maryland Juice just received the following press release from CASA de Maryland, LatinoJustice and the law firm Nixon Peabody announcing that a federal appeals court has ruled that Frederick County, Maryland's Tea Party Sheriff Chuck Jenkins illegally detained a Latino immigrant.

The groundbreaking ruling has major implications for Sheriff Jenkins' racial profiling and mass deportation program and sets groundrules for law enforcement activities in Maryland, Virginia, North Carolina and South Carolina.

The press release below summarizes the ruling in the case and contains commentary from CASA de Maryland Executive Director Gustavo Torres:


PRESS RELEASE

Court Finds Frederick County, MD Sheriff
Chuck Jenkins Illegally Detained Latina Immigrant
In a groundbreaking decision, a federal appeals court found that that a state or local law enforcement officer’s suspicion or knowledge that an individual has committed a civil immigration violation without more information does not provide them with probable cause to suspect that the individual is engaged in criminal activity. The court said the officer may not detain or arrest the individual solely based upon a purported civil violation of federal immigration law.

Moreover, the subsequent issuance of an ICE detainer, after the illegal arrest and detention, “does not cleanse the unlawful seizure.” The decision came from the U.S. Circuit Court of Appeals for the Fourth Circuit in Virginia, setting law for Maryland, Virginia, North Carolina, and South Carolina.

The decision unequivocally holds that local law and state law enforcement cannot enforce civil immigration law and found that the deputies had no legal authority to arrest or even briefly detain the plaintiff on the basis of a suspected or known civil immigration status violation.

LatinoJustice PRLDEF, CASA de Maryland and the law firm Nixon Peabody LLP in November 2009 filed a lawsuit against the Frederick County (Maryland) Board of Commissioners, Frederick County Sheriff Charles Jenkins and two deputy sheriffs for violating the civil rights of Roxana Orellana Santos who had illegally been arrested and detained by two Frederick County Deputy Sheriffs on October 7, 2008.

The complaint alleged that Santos was eating her lunch in a public area outside her workplace when two uniformed and armed deputy sheriffs approached and began questioning her. They requested that she produce identification. Upon prolonged questioning and ascertaining that she had an outstanding civil immigration removal warrant, the deputies arrested Santos and placed her in a local jail before she was transferred to the U.S. Immigration & Customs Enforcement (“ICE”). She was detained in a detention facility without any criminal charges for 46 days, away from her then two year old son and family before she was released.

In a 2012 decision, the U.S. District Court of Maryland dismissed Santos’ lawsuit finding that the deputy sheriffs’ initial questioning and subsequent arrest on the civil immigration warrant did not violate the Fourth Amendment, a determination that was overturned with today’s ruling.

“We are extremely pleased by this ruling explicitly holding that local law enforcement cannot detain or arrest Latinos whom they may suspect of questionable immigration status,” said Jose Perez, Deputy General Counsel of LatinoJustice PRLDEF. “It is apparent that the Frederick County deputies pre-textually stopped, questioned and detained Ms. Orellana Santos solely based upon her physical appearance at a time when the Fredrick County Sheriff was publicly trumpeting how many immigrants his office had arrested. This is the essence of racial profiling.”

Increased attempts by local or state law enforcement to engage in federal immigration law enforcement have been accompanied by a troubling rise in racial profiling across the country as local police who are often untrained and poorly supervised seek to discriminatorily enforce federal immigration law against those they may suspect of being without status which is often impossible to discern.

“Sheriff Jenkins declared war on Frederick County’s immigrant community and today’s decision validates the complaints of local residents who have been terrorized for simply driving to the store, taking their children to school, or, like Roxana, eating lunch,” said Gustavo Torres, Executive Director of CASA de Maryland. “We hope that policing agencies across Maryland take this decision, and the liability that may flow from similar acts, very seriously.”

John Hayes, lead counsel on the case and a Litigation Partner at Nixon Peabody stated: “At stake in this case is a matter of acute public importance. Law enforcement practices that target a group based solely their appearance have no place in America. It takes great courage and commitment for Ms. Orellana Santos to come forward in the name of equal justice under law to stop this discriminatory treatment for everyone who lives or works in the County.”

The decision upheld dismissal of the claims against Sheriff Jenkins and the two deputies in their individual capacity determining that it was not clearly established law that local and state law enforcement officers could not detain or arrest an individual based on a civil immigration warrant at the time of the underlying October 2007 encounter. The U.S. Supreme Court in its June 2012 decision finding much of Arizona’s notorious anti-immigrant law SB1070 preempted by the U.S. Constitution noted that “detaining individuals solely to verify their immigration status would raise constitutional concerns.”

The decision reverses the District Court’s dismissal against the municipal defendants and remanded plaintiff’s official capacity claims against the County back to the District Court to determine whether the deputies’ unconstitutional actions are attributable to an official policy or custom of the county or the actions of a final county policy maker.

Frederick County Sheriff Charles Jenkins upon being elected in Fall 2007 on a pro-immigrant enforcement platform entered into a 287(g) memorandum of understanding with the U.S. Department of Homeland Security permitting trained local deputies who undergo requisite training to engage in certain limited immigration enforcement. Neither of the two deputies who arrested Ms. Orellana Santos had received 287-g training and were thus not permitted to engage in any immigration enforcement. The lawsuit was filed on the heels of the Sheriffs’ announcement publicizing that he had detained his 500th immigrant.

###

Maryland Attorney General Doug Gansler Secures $1 Million Voter Suppression Judgment Against GOP Gov. Bob Ehrlich Aide

BACKGROUND: In 2010, one-term Republican Governor Bob Ehrlich tried to reclaim his office from Martin O'Malley, after losing to the Democrat in 2006. As we now know, Mr. Ehrlich was trounced by Democratic Gov. O'Malley in the November 2010 rematch. Full disclosure: Maryland Juice was employed by the MD Dems Coordinated Campaign for the 2010 General Election.

One of the despicable aspects to Mr. Ehrlich's 2010 race was revealed following his pathetic come-back attempt. The Republican Governor's campaign team tried to suppress African-American votes through targeted mis-leading robocalls to black households through the Free State. Ehrlich's campaign taped a call for thousands of African-American voters, telling them that Obama and O'Malley had already succeeded -- ergo, they didn't need to turnout to vote.

The campaign aide responsible for the calls, Julius Henson, faced criminal voter suppression charges for his work on the Ehrlich campaign, but this month many were disappointed to see that a jury failed to convict him of the most serious charges. The Baltimore Sun reported earlier this month:

GOP Lawmaker Pat McDonough Warns About "Black Youth Mobs" in Baltimore // The Same Guy Made "Speak English" Signs

UPDATE: Yesterday a former Press Secretary for former GOP Congressman (and Maryland Governor) Bob Ehrlich published a blog post scorching Pat McDonough for his comments (see excerpt below):

Why Republicans Should Be Angry at Pat McDonough

There’s one thing, and not much else, you have to know to understand Delegate Pat McDonough: He craves attention.

I realized this in 1995, when he called me – then the newly-minted Press Secretary to Congressman Bob Ehrlich – and gently scolded me for not including him on my press list for his impending “newspaper,” Maryland Citizen....

McDonough has no substance as a policymaker, legislator, or opinion-leader, but like many low grade talk radio hosts, he has a need and a knack for self-promotion. He serves this need by locating the sweet spot on issues sure to appeal to the political fringe.

Among the go-nowhere causes which he has championed: support for so-called “English First” legislation, opposition to a resolution calling upon Maryland to apologize for slavery, and a bill to keep an alleged exodus of Washington, D. C. rats from entering Maryland.

While none of his efforts achieved any real results, he usually wound up with his name in the paper – his real objective all along....

Now, the supporters of in-state tuition for illegal immigrants have, in Pat McDonough, a powerful asset: A right wing, race-baiting, demagogic delegate with a vocal hatred of all people of color, including immigrants. 

VIDEO: Gov. Martin O'Malley Releases Video Statement Regarding May 14th Special Session // Other Options for August

Today, Gov. Martin O'Malley released a video statement outlining his reasons for calling for a special legislative session next Monday, May 14th:





BACKGROUND: As you likely know, the legislature ended its 2012 session last month, but Senators and Delegates failed to reach agreement on key policy matters, including whether to expand casino gaming into Prince George's County. As a result, State legislative leaders and the Governor agreed to hold two special sessions, one next week and one in August to deal with gaming issues.

In the video above, Gov. O'Malley outlines numerous reasons why we need a special session to generate additional revenue for Maryland (aka increase taxes). He notes that Maryland has for four years in a row had the best public schools in the nation and is only 1 of 8 states with a AAA bond rating. But police, teachers, and transportation cost money. This used to be an obvious point, but even Democrats these days seem scared of taxes -- too scared if you ask me. When did we all buy into the Bush-Cheney-Tea Party dream of a hobbled government?

Notably, Gov. O'Malley's video message also calls for citizen feedback: "We need to hear from you. Your elected officials need to hear from you." Tweet Feedback on Special Session Priorities to #MDForward


BETTER ISSUES THAN GAMBLING FOR AUGUST: Maryland Juice's two cents? Pass your revenue package next week, and then use the August special session for something good (aka not gambling). How about examining why it is that Maryland spends so much time and money sniffing out drug violations in its African American community:

Source: Justice Policy Institute, Race & Incarceration in Maryland - 2003.

STOP WASTING MONEY JAILING NON-VIOLENT DRUG OFFENDERS: If you think the over-incarceration and lack of economic opportunities for African Americans (and plenty of other groups) in Maryland isn't a fiscal issue, think again. In one of the most well-educated states in the nation, we continue to grandfather nonsense policymaking into our legislature and state agencies. Um, why?

If you want yet another suggestion for something to work on in August, how about finally repealing the death penalty in Maryland?

RETWEET

Washington Post: Maryland Missed An Opportunity to Abolish the Death Penalty // Connecticut Set to End State Killings

RETWEET

The Washington Post yesterday issued an editorial lamenting that lawmakers once again failed to abolish the death penalty in "The Free State." Maryland Juice seconds their motion for action to end the practice. Their commentary flags many of the major policy problems that arise when allowing the state to execute people (see excerpt below):

WASHINGTON POST: Connecticut is set to become what Maryland should have been: the most recent state to abolish capital punishment.

With the expected signature of Gov. Dan Malloy (D) within the next few days, Connecticut would become the 17th state to repeal the death penalty and the fifth in the past five years....

Indicted Anne Arundel Exec. John Leopold's Aide Pushed Former Senator for Council Vacancy // Police Seek Resignations

BACKGROUND: Maryland Juice has written a great deal about Anne Arundel County politics lately. This is owing mainly to the pathetic controversy over how to fill a vacancy on the County Council. The Democrats and one Republican are pushing to appoint a young, qualified African American Marine Corps reservist, while the remaining Republicans are pushing Michael Wagner, a 70-year-old, white, former State Senator.

Recent news coverage makes it appear as though former Senator Wagner was pushed into the race by allies of Anne Arundel County's Republican Executive John Leopold. Strangely, Wagner also seems to describe himself as out-of-touch with the District's voters. Notably, Wagner's political benefactor -- County Exec. Leopold -- is currently under indictment for shocking misuse of his public office (see below). Yesterday, The Baltimore Sun provided additional context on the race:

The council has been deadlocked in a 3-3 tie between two candidates: Peter I. Smith, a Defense Department budget manager and a Marine reservist from Severn who is African-American, and Michael J. Wagner, a former state senator from Ferndale, who is white....

Smith said he became interested in politics when he worked as a volunteer for former county Sheriff George F. Johnson, who ran unsuccessfully against County Executive John R. Leopold in 2006....

In his pitch for the seat, Wagner has said he was encouraged to apply by a former top aide to Leopold....

"I probably wouldn't have thought of it, to tell you the truth," said Wagner.... "I'm a conservative Democrat. I know a lot of the regular Democrats wouldn't be jumping for joy with me in there. They'd rather have a person who's stepping to their tune."

Smith, meanwhile, said he's anxious to get the matter settled. "I wish they would just give me an opportunity."

Meanwhile, The Tri-City Herald recently reported on the ridiculous details of County Executive Leopold's misuse of taxpayer resources:

A Maryland official was indicted Friday for misusing his police protection squad, including making them wait while he had sex with a county employee in parking lots, using the officers to conceal his affair and having them do errands such as emptying his urinary catheter bag, prosecutors said.

Anne Arundel County Executive John Leopold was charged with four counts of misconduct in office and a count of fraudulent misappropriation by a fiduciary, state prosecutor Emmet Davitt announced Friday.

WJLA also notes that Leopold had police planting political lawnsigns for his campaign (really???):

Leopold, a Republican, allegedly used sworn, on-duty Anne Arundel County officers as political campaign workers who would regularly place and distribute campaign signs during the 2010 election, according to the state's attorney.

Today, the union representing Anne Arundel's police force is calling on John Leopold to resign. The Examiner's Jennifer Teates reports:

International Brotherhood of Police Officers, the union representing the sergeants and lieutenants of the Anne Arundel County Police Department, has followed up their recent “no confidence” vote with a call on Monday for County Executive John Leopold and Police Chief James Teare, Sr. to resign....

If county leaders do not take immediate action, officers fear a rise in crime and, according to the IBPO, “the waste of millions of dollars of taxpayer money to fix problems that could have been avoided with more prudent management....” 

"Our members thought the county executive made unsafe decisions about public safety before the indictment," said Paul J. Birks, IBPO national vice president, referring to the vote of no confidence the sergeants and lieutenants took in Leopold’s performance a week before the release of the indictment. "We're even more concerned now that Mr. Leopold will have the distraction of such serious legal troubles."

"If officers cannot trust their chief to protect them from the alleged abuse by a public official, then how can citizens trust the chief to protect them?" asked Birks.

Can the Anne Arundel County Council really appoint the hand-picked choice of an indicted politician to fill a vacancy?

Anne Arundel GOP Pols Reveal More Stupidity In Effort To Keep All-White Council // Glen Burnie a "Ghetto" & "Gook" Not a Slur?

Last week, Maryland Juice highlighted the deplorable actions of three Republican Anne Arundel Councilmembers who are dead-set on maintaining a 100% white, male government. The three stooges forced over 100 rounds of balloting and resorted to racial slurs like calling Asians "gooks" in their shameful public meeting to fill a vacancy for the county's District 1 council seat. The council failed to come to a resolution on the matter and postponed further action until March.

Today, Maryland Reporter flagged follow-up coverage of this controversy, and it appears that the defiant GOP Councilmembers are just as tone-deaf and nasty as we had originally imagined. The Baltimore Sun reports that Councilmember Dick Ladd recently attended a community forum, where he was asked to explain his comments. His explanation was an utter failure -- since he said he doesn't find the word "gook" to be a slur -- and he ended up storming out of the meeting:

An Anne Arundel county councilman was peppered with questions Saturday about diversity on the all-white, all-male council — and criticized for his public use of a racial slur — before storming out of a community forum in Odenton...

Ladd was also asked to explain his use at a recent council meeting of a derogatory term for people of Asian descent....

Councilman John J. Grasso, a Glen Burnie Republican whose recent comments referring to Glen Burnie as "ghetto" were also questioned at the meeting, was invited to the forum but did not attend.

WOW: Anne Arundel Councilmember Dick Ladd Talks About "Gooks" While Trying to Create 100% White Male Government

[ WATCH WJZ TV COVERAGE ]

While Maryland was making history with marriage equality last week, Anne Arundel County was shaming itself with ridiculous racial shenanigans. The Baltimore Sun has a recap of the latest evidence of a disconnect in The Free State:

The council met Thursday night to fill the position vacated by former Councilman Daryl D. Jones, who began serving a five-month federal prison term last month. The 4 1/2-hour meeting was marked by shouting, a racial slur, accusations of bullying and a 3-3 deadlocked vote over two candidates.

Former state Sen. Michael J. Wagner of Ferndale and Marine reservist Peter I. Smith of Severn were selected as finalists among 10 Democratic applicants in a process that included 101 rounds of voting. The council ultimately voted to resume the process next week....

On Thursday, the fireworks started within the first 10 minutes of the meeting in downtown Annapolis.

Lewis A. Bracy, a retired federal worker who was one of 10 applicants for the seat, said he thought he should get the appointment, in part because "people in the county need to see a diverse person on the podium...."

Fink, who presides over the all-male and all-white body, was incredulous. "I can't believe that today I'm being asked to vote for someone … solely on diversity. It just blows my mind...."

While questioning a candidate with a military background, Councilman Richard B. "Dick" Ladd, a Broadneck Republican, used an ethnic slur to describe his service during the Vietnam War, saying, "I was there chasing down the gooks."

The comment elicited gasps from the audience assembled to watch the process play out.....

Q: Who Is Senate President Mike Miller? // A: Another Defender of Misogny, Racism & Anti-Semitism

In the course of our attempted disruption of the Maryland political psyche, readers are beginning to forward interesting tidbits about Senate President Mike Miller's quarter-century reign over the Free State.

A Maryland Juice reader with a long memory forwarded us an interesting Baltimore Sun article from 1993. Darth Miller was still refining his power-consolidation techniques, and he used them to try and salvage the highly controversial judicial appointment for a former legislator accused of racism and misogny:

Arnick used racist, sexist language, panel is told

February 09, 1993

John S. Arnick, a new District Court judge in Baltimore County, told racist jokes and used derogatory and vulgar language to refer to women during a meeting when he was chairman of a state legislative committee, a woman lawyer testified last night.

Judy A. Wolfer, 34, of Takoma Park said the former state delegate is unfit to be a judge and urged the Senate Executive Nominations Committee to reject his recent appointment to the bench.

Ms. Wolfer said a "loud and angry" Mr. Arnick referred to her and a female colleague as "you bitches" and "you bimbos" during a February 1992 dinner meeting at an Annapolis restaurant. The women scheduled the meeting to lobby Mr. Arnick on a domestic violence bill that would be voted on by the House Judiciary Committee, which he chaired.

Either Senator Norm Stone Thinks His Constituents Have Too Much Sex With Animals Or He's a Jerk // #PRIMARYHISASS

 ACT NOW: www.CleanSlateCoalition.com

This week, Maryland Juice reported on the shocking discovery that Democratic State Senator Norm Stone voted to BAN interracial marriage in 1967. It turns out that he's still as much of a jerk as he was back then. First, he's opposing marriage equality this year, but that's not all. His response to Governor Martin O'Malley's push for social justice this year was to introduce a bestiality bill!

Today, Mr. Stone apparently realized that his bill was juvenile and asshole-ish so he quietly dropped it. I call too little too late on him - 45 years too late. The Dundalk Patch reported on the news:

An anti-bestiality bill sponsored by Sen. Norman Stone has been withdrawn nearly a week after it was first introduced.

Stone, the longest currently serving state senator, said Thursday that he is withdrawing the bill, in part, "because of graphic language" in the bill....

Some of Stone's colleagues teased him with a threat to make him stand up and explain the bill if it came to a vote of the full Senate.

Maryland Juice is glad Mr. Stone's colleagues think this is a laughing matter, because I consider him a disgrace to the Democratic Party and the institution of the State Senate. He is a relic from a hateful part of America's past, and somehow the leadership of this State decided to keep him around -- AND give him committee chairmanships.

Democrats, it is time to take matters into our own hands. No more waiting for Superman. Will somebody #PRIMARYHISASS? I am collecting pledges of $1 from potential donors.

See the text of Mr. Stone's "legislation" below -- and believe me, this isn't the last you've heard from Maryland Juice about Norm Stone. I will begin an online experiment to see what a two-year digital filibuster looks like:

1967 Called: They Want Sen. Norm Stone Back // Maryland Democrat Voted to BAN Interracial Marriage - He's Still There!

 ACT NOW: www.CleanSlateCoalition.com

1967: Interracial Marriage in Maryland "Violates God and Nature"

Maryland Juice loves humanity sometimes. Check out the following Baltimore Sun article from February of 1967, discussing the Maryland Senate's historic repeal of the Free State's interracial marriage ban. A few choice excerpts are printed below, along with a scan of the full article. Note that the article highlights the 1967 vote of State Senator Norm Stone, who is still in office today -- as a Democrat. Mr. Stone voted against allowing committed interracial couples to get married. Guess what his views on marriage equality and the death penalty are? Hilariously, Stone chaired an ethics committee! Is that supposed to be a joke?

The Maryland Senate voted today to repeal the State law banning interracial marriages....

Opposition came from an alliance of Eastern Shore and Baltimore city and county senators....

Senators Robert P. Dean (D., Upper Shore) and Frederick C. Malkus (D., Lower Shore) were joined in opposition to the repeal by the following Baltimore area senators: ...Norman R. Stone, Jr. of the 6th county district.... 

After the vote, [State Senator Joseph] Manning ... issued a statement explaining his stand. In it, he declared his belief that repealing the present interracial ban "violates the law of God and nature."

See the full article below, and note that Maryland's debate around interracial marriage in 1967 sounds disturbingly similar to today's debate about same-sex marriage. One of the opponents of interracial marriage in the article notes that he had received "a number of communications from colored ministers asking me to vote against repeal of this law." Uh huh. 


Baltimore Sun: Senate Rejects Ban on Marriage - Feb 1967

Maryland Juice is part of an interracial couple and wants to know: 

1. How is Senator Norm Stone still in office? 
2. How does he win Democratic Primaries? 
3. Who selected him to Chair a committee? 

P.S. Metro Weekly noted this week: Sen. Norman Stone (D-Baltimore Co.) opposed the [marriage equality] measure, both in committee and on the floor, when the bill passed the full Senate last year 25-21.

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NEW STUDIES: Low IQ Leads to Conservatism, Dems Have Sex Problems, Politicians Love Marijuana // NOT SAFE FOR WORK

NOT SAFE FOR WORK  //  DO NOT READ FURTHER IF YOU ARE EASILY OFFENDED

Maryland Juice has stumbled upon three provocative new surveys that are criss-crossing the Interwebs:

1. Political preferences and sexual behavior,
2. Racism/Conservatism and IQ, and
3. The DC-Metro region and marijuana. 

The three studies' methodologies range from completely anecdotal to well-grounded in the scientific method, but I make no claims about the accuracy of the research below:

Study 1: Politics & Sex // Republicans Don't Have Sex, Democrats Don't Have Orgasms

Match.com recently partnered with a number of academics to produce a large survey of relationship and sexual preferences, as they relate to politics. The Daily Caller received an advance copy of the results and published the following summary (full details at Match.com):

DAILY CALLER: The survey of over 5,000 singles offered some interesting revelations about the differences in the sex lives of Democrats and Republicans....