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Sheriff lacks the authority to decide anyone’s bond

As reported April 2, Sheriff BJ Barnes described an upcoming program that would automatically deny bond to suspects “in the country illegally.” It is ironic that the term “illegal” is used because it would be quite illegal to deny bond to any person charged with a non-capital offense in North Carolina. Our state law provides that a “defendant charged with a non-capital offense must have conditions of pretrial release.”

Furthermore, since when does Sheriff Barnes set bail? Our law provides that a “judicial official” sets conditions of pretrial release. That would be a magistrate or a judge.

While Sheriff Barnes loves to use immigrants as political tools, recent reports have found the Immigration and Nationality Act (287 (g) agreements are costing localities millions to implement. Worse, trust between police and community is eroding, and accusations of racial profiling are on the rise. Perhaps it’s time for Sheriff Barnes to stop trying to interpret and enforce federal regulatory laws and start reading the laws he is sworn to enforce.

Jeremy McKinney
Greensboro

The writer is an immigration lawyer at the McKinney and Justice Law Firm in Greensboro.

Comments (12)

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Its time for the police to enforce laws and get rid of these people.

Yvonne [TypeKey Profile Page] said:

As far as I'm concerned, the law Jermeny quoted does not apply to any defendant who is not a legal resident of the US. If illegal aliens are caught for a crime not associated with their entry into the US, then that is two crimes they have committed. Giving them the rights of legal US citizens is just another reward for breaking the law. No sympathy from this legal US citizen.

Sawdust [TypeKey Profile Page] said:

Racial profiling, eh? Can't have any racial profiling to identify illegal immigrants, can we? Just because approximately 110% of illegal immigrants are Hispanics, that doesn't give anyone the right to suspect Hispanic-looking individuals more than blue-eyed blondes. And I'm sure Mr. McKinney wouldn't want airport security giving an extra glance at someone wearing a turban and muttering "Allah akbar!" next time he boards a plane.

And I'll tell you what's costing localities millions: providing food, health care, and education to illegal immigrants. Where did we get the idea that it is the responsibility of the U.S. taxpayer to foot the bill for emergency room visits by illegal immigrants, no questions asked? From useful idiots like McKinney, that's where.

truman [TypeKey Profile Page] said:

gosh, sawdust, lighten up. share some of your wealth with people in need. it's the right thing to do. remember the story in the bible about a couple loaves of bread and five little fishes. be kind to all folks. legal and illegal. you know, what shall it profit a man to gain the world, and lose his soul? i wonder if god feels the same way about illegal immigrants that you do. i think not, greedy one.

truman [TypeKey Profile Page] said:

yvonne, if you want to be first, you must be willing to be last.

truman [TypeKey Profile Page] said:

dog bite, i believe i got a better idea: round you up and ship you out of the country.

Molene Gunch [TypeKey Profile Page] said:

I saw Barnes the other day in Biscuitville. After he ordered the double ultimate fish-steak platter, I knew right then he was worthy.

The sounds of that holster, like a new saddle on a sweaty horse, had me feeling guilty for things I'd never done.

Going out, he left a half inch rut under the porcelain. And just as I had suspected, the primer is gray.

critical thinker [TypeKey Profile Page] said:

Yvonne,

The US law, as interpreted by the Supreme Court, extends the guarantees of the Due Process to all "persons" within the United States. A plain reading of the word person should indicate to you that it applies equally to people who are here legally and illegally. I will spare you the legal citations, but you can look it up yourself, if you'd like. On a most basic level, treating illegal immigrants differently in contexts other than immigration will establish a two-track judicial system - one for legal residents and the other for illegal ones. This will increase costs, raise serious constitutional questions, including equal protection concerns, and accomplish nothing.

truman [TypeKey Profile Page] said:

molene, i simply must tell you, your comments about sheriff barnes are absolutely hilarious and priceless! bravo!

truman [TypeKey Profile Page] said:

critical thinker, you impress me as someone who does think....critically. And there appears to be a great need for your voice more often on this site. seriously speaking.

Yvonne [TypeKey Profile Page] said:

CT,

Thanks, but I already knew basically what the law said about legal/illegals. That is why I started my sentence with "As far as I'm concerned..."

Just like I know about not being able to ask about legal status at hospitals, traffic stops, welfare departments and so on. That is one of the things that bothers me most about illegals; how they come here and avoid the laws US citizens pay large fines and/or serve time for committing. It seems as if all consideration is given to illegals while very little is to legals. We are having to make all the concessions while illegals reap all the benefits.

truman,

You are entitled to your opinion and I respect that right. Therefore, I expect the same consideration. Thanks in advance.

maggie [TypeKey Profile Page] said:


Yvonne

I can hardly believe this but I actually agree with both your postings concerning this matter here.
I agree also with "as far as I'm concerned" because I know the law is the law.

I agree with the fact that the illegals are treated much better and get by with more than the rest of us do.

Dog
I agree with you that the laws on the books should be enforced but remember our Homeland
Security Secretary said the it was illegal for ICE to
raid the factories and deport the illegals and gave them the proper work permits to let them go back to work taking jobs from the US citizens or legal aliens. Now how's that for security?


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