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Illegal Aliens

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Posted by: stash9009

Hi all,

Just wondering what some of you municiple patrol officers do when you come across an illegal alien while working. Now lets say that the alien has done NOTHING that you can arrest them for. Do you detain them for ICE or would that be frowned upon by your departments. Please give me some advice.

Thanks

Sorry, I meant municipal....spelling error



Posted by: CJIS

Generaly ICE dosn't want even to hear it unless they were arrested.

Most PDs policy I would imagine do not allow for the simple detention of an Alien because of the laibility that goes along with it. If the Alien kills himself in your cell and he was not charged with a crime guess what? You and your department are screwed.

My suggestion would be make a mental note that the person is an Illegal and hope you can bag him/her later on down the line for something.



Posted by: USMCTrooper

It might depend on where you work. In Massachusetts many departments call ICE and agents issue detainers / come take custody of the illegal. I have personally been responsible for close to 100 taken away since 2003. If you make an arrest, call ICE. If you have no numbers for your area in Massachusetts, PM me. I have numbers for every region in Mass. and the direct lines to the Regional OIC.

Remember, two decisions upheld federal case law prohibiting the forcing or preventing of cooperation between local law enforcement and ICE.

Quote:
Quote:
Section 1644: Notwithstanding any other provision of Federal, State, or local law, no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from the Immigration and Naturalization Service information regarding the immigration status, lawful or unlawful, of an alien in the United States. (Affirmed City of New York v. United States, No. 97-61820, ___, (2nd Cir. 1997); appealed from US v. Giuliani, (S.D.N.Y. 1996)).



Quote:
Local Law Enforcement may cooperate with Immigration EnforcementIn a March 22, 2005 ruling, in Muehler v Mena, in unanimous decision from a Court known for its 5-4 splits, the United States Supreme Court essentially said that asking about immigration status during a lawful police contact (or, by implication, any lawful contact) was as fundamental a question as asking for name, address and date of birth. Indeed, the Court made clear that no predicate "independent reasonable cause' need exist to inquire into immigration status. It is the Law of the Land. Calling a decision by the 9th Circuit Court of Appeals “faulty,” the Supreme Court held that “mere police questioning [regarding one’s immigration status] does not constitute a seizure.” The Court continued its landmark ruling on this issue by stating that “the officers did not need reasonable suspicion to ask Mena for her name, date of birth, or immigration status.”...If there were even a hint that merely asking about immigration status is discriminatory (as claimed by proponents of the proposed Ordinance), then you might expect to have had at least one dissenter in that decision: Justice Ruth Bader Ginsberg. Justice Ginsberg was general counsel of the ACLU from 1973 to 1980 and sat on its National Board of Directors from 1974 to 1980. Justice Ginsberg's joining the entire court in this decision speaks volumes about its judicial wisdom and legal common sense.Congress expressly intended for local law enforcement to act in cases in which officers have reason to believe that an individual is in the country illegally, even though immigration law enforcement is not their primary responsibility. In 1996, Congress passed and President Clinton signed legislation that protects individual officers who act to enforce federal immigration laws, even if their departments have non-cooperation policies


If you have no arrestable offense at the time of encounter but have the info, you can always call ICE and speak to them. I have gotten several WD's this way.

Dont let a past bad experience discourage you!



Posted by: sulldog6

Had this last week. had an abandon MV in the road. when waiting for the tow the op showed. Ran him (Washington state license - yah ok) & his name popped for Illegal alien. Had control confirm and call ICE. The Boston office (ICE) supervisor called me to confirm and I took him in at thier request. They (ICE) sent my dept an ICE detainer and Suffolk County picked him up in the morning.

All went nice and smooth and I work in on of the most flaming liberal city's in the commonwealth (sanctuary city).



Posted by: Wolfman

Quote:
Just wondering what some of you municiple patrol officers do when you come across an illegal alien while working. Now lets say that the alien has done NOTHING that you can arrest them for.
Have him prune your apple tree, trim up the hedges and fix the loose shingles on the garden shed??



Posted by: PaulKersey

Quote:
Originally Posted by Wolfman View Post
Have him prune your apple tree, trim up the hedges and fix the loose shingles on the garden shed??


Quote:
Originally Posted by sulldog6 View Post
Had this last week. had an abandon MV in the road. when waiting for the tow the op showed. Ran him (Washington state license - yah ok) & his name popped for Illegal alien.
Let me guess, Domino's Pizza?



Posted by: LA Copper

Where I work, 3/4 of the population would fit into this category, including many of the local gang members, some of which are MS-13. The vast majority of the radio calls we go to are aliens hoping that we won't arrest them for being a victim, which we don't. Unless they're arrested for a felony, nothing happens to them.



Posted by: frapmpd24

Quote:
Originally Posted by sulldog6 View Post
Had this last week. had an abandon MV in the road. when waiting for the tow the op showed. Ran him (Washington state license - yah ok) & his name popped for Illegal alien. Had control confirm and call ICE. The Boston office (ICE) supervisor called me to confirm and I took him in at thier request. They (ICE) sent my dept an ICE detainer and Suffolk County picked him up in the morning.

All went nice and smooth and I work in on of the most flaming liberal city's in the commonwealth (sanctuary city).
I have had simlar experiences with ICE detentions as a result of M/V stops. Had dispatch call the number listed on the NCIC hit, got confirmation they wanted the individual taken into custody quickly, and they made arrangements to have them picked-up. I found it to be a smooth process.



Posted by: CJIS

Some positive stories. Glad to see it.



Posted by: Loyal

some cultures of our American minorities could learn from the manners and hard work ethics of many of the illegals, but I'm glad to see them deported - too bad they can't take some troublemaking parasites back with them..



Posted by: Wolfman

Believe me, they will only work hard long enough to secure benefits. Once welfare is granted the work will come to a smoking, grinding, screeching halt and the breeding will begin.



Posted by: MM1799

Quote:
Originally Posted by Loyal View Post
some cultures of our American minorities could learn from the manners and hard work ethics of many of the illegals, but I'm glad to see them deported - too bad they can't take some troublemaking parasites back with them..
You mean stealing money from the American economy, sending it back to their relatives in where ever they are from and blatantly sticking it to the American people all while claiming the "american dream".

As far as our American "minorities" needing to learn hardwork; fear not there are still plenty of white, male and female fatass who don't get off their ass either.



Posted by: rg1283

Our current services we have in this country can not even remotely handle the needs of the tax paying citizens. Can I walk into Pizza Hut and get a Pizza with out paying, they woud be kicked out of Pizza Hut in 2 seconds.

Then why should I have to pay for services for the illegals, when I can't even get them my self if I needed the services. (Services is a broad term)



Posted by: 94c

America is the only country in the world where the poor people are fat.



Posted by: MSP75

Quote:
Originally Posted by 94c View Post
America is the only country in the world where the poor people are fat.

and have Direct TV, HDTV, Mercedes, Lincolns, BMWs, money to go out every night, and the list goes on.



Posted by: Oscar8

Quote:
Originally Posted by 94c View Post
America is the only country in the world where the poor people are fat.






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