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Judge: Border Patrol's detention conditions in Az 'violate the Constitution'
Tucson Sentinle ^ | February 19, 2020 | Paul Ingram

Posted on 02/20/2020 1:25:28 PM PST by yoe

A federal judge issued a permanent injunction against the Border Patrol's Tucson Sector on Wednesday, telling the agency that it cannot hold migrants, including families with children, for longer than 48 hours.

In his 40-page decision, U.S. District Judge David C. Bury ruled the conditions at the sector's eight stations are "presumptively punitive and violate the Constitution," and he blocked Border Patrol and parent agency U.S. Customs and Border Protection from holding people who have been processed by agents for more than 48 hours from "book-in time."

"Detention may not extend into a third night under the 'no longer than 48 hours' rule until CBP can provide conditions of confinement that meet detainees' basic human needs for sleeping in a bed with a blanket, a shower, food that meets acceptable dietary standards, potable water, and medical assessment performed by a medical professional," he said.

(Excerpt) Read more at tucsonsentinel.com ...


TOPICS: Crime/Corruption; Foreign Affairs; Government; News/Current Events
KEYWORDS: 9thcircuit; aliens; arizona; davidbury; davidcbury; donaldtrump; dubyajudge; judiciary; ninthcircuit; politicaljudiciary; smirkingchimpjudge
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David C. Bury Senior Judge of the United States District Court for the District of Arizona...the United States Constitution? Why don't you put the illegals up at the Tucson Country Club or La Paloma...it will cost the taxpayer less. And while you are at it, there is a reason we don't treat felons like members of country clubs....sending them back is cheaper and safer for Americans. (read the articles)...God help the Border Patrol and other law enforcement who keep us safe. Judge Bury is dangerously wrong...
1 posted on 02/20/2020 1:25:28 PM PST by yoe
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To: yoe

If I were sector command, I’d tell the judge to stuff it.
Why not, judges ruled that only FedGov can enforce immigration laws.
And states ignore immigration laws at will.
What’s the judge going to do?


2 posted on 02/20/2020 1:27:25 PM PST by Darksheare (Those who support liberal "Republicans" summarily support every action by same.)
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To: yoe

On September 10, 2001, Bury was nominated by President George W. Bush to a new seat on the United States District Court for the District of Arizona created by 114 Stat. 2762. He was confirmed by the United States Senate on March 15, 2002, and received his commission on March 19, 2002. He took senior status on December 31, 2012 and was succeeded by Judge James Alan Soto.


3 posted on 02/20/2020 1:28:33 PM PST by lakeman (Semper Fi)
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To: yoe

Not this Shiite again.


4 posted on 02/20/2020 1:28:41 PM PST by A Voice (As it was in the days of Noah, so shall it be in the end times.)
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To: yoe

Drop them off at the Judges house.


5 posted on 02/20/2020 1:29:02 PM PST by where's_the_Outrage? (Drain the Swamp. Build the Wall.)
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To: yoe

Okay, well then just send them back.


6 posted on 02/20/2020 1:29:16 PM PST by SkyDancer ( ~ Just Consider Me A Random Fact Generator ~ Eat Sleep Fly Repeat ~)
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To: yoe

David C. Bury is an illegal alien friendly Bush judge, STAY OUT DA BUSHES!


7 posted on 02/20/2020 1:32:34 PM PST by House Atreides (Boycott the NFL 100% — PERMANENTLY)
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To: yoe

The judge’s requirements are not unreasonable.

The forced releasing is unreasonable.

Our country is being invaded.


8 posted on 02/20/2020 1:35:24 PM PST by Brian Griffin
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To: yoe

Is there some section of the US Constitution that dictates the facilities we provide to people who illegally enter the US? My guess is that many of them view the facilities as a spa with free food compared to what they left. Liberals always use the wrong frame of reference.


9 posted on 02/20/2020 1:36:31 PM PST by econjack
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To: yoe

He may be referring to someone else’s Constitution.


10 posted on 02/20/2020 1:36:57 PM PST by NativeSon ( What Would Virginia Do? #WWVD)
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To: yoe

So it seems like BCP needs to move them to another facility outside of this judge’s jurisdiction during that 48 hour window...


11 posted on 02/20/2020 1:39:24 PM PST by CA Conservative (Texan by birth, Californian by circumstance)
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To: yoe

“POWs are entitled to get all the basic facilities like food, water, shelter and other required materials.”

“POWs must be treated humanely in all circumstances”

https://www.jagranjosh.com/general-knowledge/geneva-convention-1551355919-1


12 posted on 02/20/2020 1:40:07 PM PST by Brian Griffin
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To: yoe

Uniparty strikes again


13 posted on 02/20/2020 1:42:34 PM PST by MNJohnnie (They would have abandon leftism to achieve sanity. Freeper Olog-hai)
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To: yoe

In his 40-page decision, U.S. District Judge David C. Bury ruled the conditions at the sector’s eight stations are “presumptively punitive and violate the Constitution,” and he blocked Border Patrol and parent agency U.S. Customs and Border Protection from holding people who have been processed by agents for more than 48 hours from “book-in time.”

xxxxxxxxxxxxxxxxxxxxx

hmm

ok I was wondering what state Judge Bury was from

AZ


14 posted on 02/20/2020 1:44:38 PM PST by thinden (How many Barr haters across America are being paid by Soros to attack Barr.)
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To: yoe

His idiocy just prolongs the inevitable - SCOTUS rules with Trump.


15 posted on 02/20/2020 1:53:09 PM PST by harpu ( "...it's better to be hated for who you are than loved for someone you're not!")
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To: yoe

Fine. If this so-called judge wants to exceed his authority, send these criminals home at the 48 hour point. Let them keep making the trip, at their own risk and expense, until we have time to screen them within the allowed time frame.


16 posted on 02/20/2020 1:59:39 PM PST by Pollster1 ("Governments derive their just powers from the consent of the governed")
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To: yoe

Federal Judges need to be term-limited

(The term expires immediately upon their issuing two dumb a$$ed rulings like this one)


17 posted on 02/20/2020 2:11:15 PM PST by Oscar in Batangas (January 20, 2017, High Noon. The end of an error.)
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To: yoe

One more guy in a robe acting like a Klan member against the good Citizens of the United States.

What did we do to him, that we need to be victimized by these hordes of illegal alien invaders?

Screw this son of a bitch.


18 posted on 02/20/2020 2:11:41 PM PST by DoughtyOne (The DNC has a taxidermist on speed dial for Nancy, Hillary, and Ruth.)
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To: yoe

The Judicial/legislative/executive/all in one branch continues to rule the Republic.


19 posted on 02/20/2020 2:19:07 PM PST by antidemoncrat
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To: CA Conservative
So it seems like BCP needs to move them to another facility outside of this judge’s jurisdiction during that 48 hour window...

Bingo.

Or even better, detain them on the other side of the border and tell the judge to shove it.

20 posted on 02/20/2020 3:08:06 PM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens")
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