The Corner

Bailing Out Illegals

Sometime NRO-nik Michael Graham sends along this story from Massachusetts, about illegal aliens charged with serious crimes who avoid prosecution by getting deported. Through the whole story the unspoken message is that ICE (the Bureau of Immigration and Customs Enforcement) is somehow to blame for helping these miscreants escape punishment. But only at the end do you get to what should have been the lede of the story:

Part of the problem is the law. Under the current bail law, judges are allowed to consider a variety of factors in setting bail, including a suspect’s ties outside of the community. But they are not allowed to consider whether someone is in the country illegally and facing deportation.

This is why Arizona ended bail for illegal aliens, and why the Virginia GOP last year made a similar proposal. But, heck, the Bay State could at least start by letting judges consider illegal status in setting bail, and see if that solves the problem.

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