Brendan Cox Quoted in Law360 Article Analyzing Precedent-Setting Immigration Bail Case
Partner Brendan Cox provided comments in a Law360 article, “Deportation Before Due Process? Mass. Justices to Decide” regarding a precedent-setting case before the Massachusetts Supreme Judicial Court, involving state bail decisions and federal immigration enforcement. In Commonwealth v. Alvarez, (a case Brendan in which he is not involved), the state’s highest court is considering whether judges can intentionally set higher bail amounts to keep defendants in state custody and prevent deportation during criminal proceedings.
Brendan Cox explained that Massachusetts bail statute language supports judicial discretion in considering deportation status. noting that the standard bail form includes a “further explanation” category that “contemplates the possibility that other factors are able to be considered.” He emphasized that this approach is “consistent with the idea that a judge determining bail is well within their discretion to consider the totality of the circumstances.”
The case involves a Haitian immigrant facing sexual assault charges who paradoxically prefers deportation over remaining in state custody on significantly increased bail. Cox predicts that the justices will likely find the lower court judge acted within proper discretion, explaining that while the statute enumerates specific bail factors, these appear to be “intended to be exemplars” rather than exclusive limitations, with the “overall concept” being whether “the person going to show up.”