Thursday, June 23, 2011

What does "Lawfully Detained" Mean?

The Texas Tribune has a story today on what may be unintended consequences of the "sanctuary cities" legislation: the deportation of children brought to the country illegally by their parents, but are now excelling in school. If they are lawfully detained, they may be asked about their immigration status, but what exactly does that phrase mean? It's not just about being arrested, but can relate to almost any interaction one might have with a police officer.

There are concerns the law might not be used to simply focus on people deemed dangerous, but those that Texas might wish to retain. Supporters of the legislation are attempting to ensure the language will not lead to its arbitrary and capricious use.

In both 2301 and 2302 we tough on interpretation of law and constitutional language. Here's an example.