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Discussion Starter · #1 ·
I work patrol in a town of about 4,000 residents and our area is heavily populated with illegal immigrants who operate vehicles on a daily basis. Many times I'll perform an MV stop which will result in a summons or arrest for 90-10 and then a few days later or even the next day I'll see the person driving again. I have charged one person on (5) seperate occasions for unlicensed operation. It gets to the point where I say to myself "Is it even worth stopping this person again because they aren't going to stop driving."
 

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It's not worth it. They don't show at court, have fake papers with no real way to positively identify them, and even if you lock them up, the judges let them go with no ramifications. Cut your losses...
 

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Discussion Starter · #4 ·
ICE is contacted everytime a non-citizen is taken into custody per protocol. Many of the illegals have ICE detainers and are sent to Boston where they release them with the order to leave the country to avoid being deported, but obviously none of them leave.
 

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Why not arrest and cite every time? Soon as you run an illegal's information, ICE picks up on it, then you call them to see if they'll issue a detainer for the illegal. Sometimes they will, sometimes they won't. Got rid of 6 so far and counting.
 

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I thought Bristol County Sheriff had an ICE holding facility. Can't you arrest and ship em up there. even if he/she gets out with a slap on the wrist at least you caused them some aggravation and they can't sleep in their warm comfy beds that night.

Better yet make all those pinches on Fri night let stay the weekend only to get out and find their car impounded.
 

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Allow me to chime in, I work for ICE.

Unfortunately you guys seem to understand what happens with these people dodging immigration law. They know it, usually quite well, or have attorneys who advise them.

The reason(s) why the person reappears in the community are not the fault of the ICE office or field office, it is usually the lack of space in a facility, or the decision of an Immigration Judge, that determines that. Aggravated Felons always get priority for detention and removal. Unfortunately being as far north as we are, Voluntary Returns are only done via air and so are pretty rare.

That said, if you want a good record of your agency's encounters with the individual, send an IAQ via NLETS, and if you have the person on a MV stop or out on foot, make sure to indicate that in the Remarks field of the IAQ. Your ORI will go on record and will be associated with that person's ARN so we can see that they are becoming a problem in your AO. If you simply make a phone call, sometimes those are kept track of, sometimes not; if the person on the phone does not ask your ORI, chances are they are not tracking the query.
 
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If they aren't suspended or revoked, I cite civilly FULL BOAT. I'm not blocking the HP ramp at the mall for too long with these turds...... My court just fines them if I summons them in. They pay CASH and then drive right out of the parking lot. I am all set. Empty See, I am with you on the lawsuit !!!!!!
 
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I always make the arrest; just because the courts view 90-10 as a joke, that doesn't mean I do. Plus, I've had quite a few who were previous deportations, and ICE faxes the detainer, plus a few who have popped with warrants under different names. If their fingerprints weren't entered into the system, I never would have known.

It's just a matter of time before an unlicensed illegal alien who has been arrested multiple times for 90-10 kills someone, then the finger-pointing will begin. It sure as hell isn't going to point at me.
 

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I was going to keep silent on this, but I want you guys to know what it feels like to be on my side of the issue.

Trust me, most of us WANT to see these people removed and/or punished, it's not the agents who are the problem, it's the red tape and bureaucratic BS. My supervisor (known as a Supervisor) and his supervisor (Section Chief) are all doing the job with the best of intentions. However once you get above the level of Section Chief...I have no comment.

I do not know any IJs personally, but some of their decisions are, quite frankly, defiant of common sense in my humble opinion. I have no idea why they just give some total scumbags a reporting date and let them walk. We are short of DROs (the guys who physically remove the aliens) in this area, however I do not know how that plays into the overall equation as sometimes JPATS moves entire groups of aliens at a time.

As for IAQ response time...yeah, the people who handle those queries are almost always overworked and behind. I know we all hate paperwork and having things to do piling up and waiting at the station at the end of a shift (I used to be just a regular patrolman), however if you want to increase the chances of a record being created on the individual and future hits on the aliases, submit an IAQ for every alias and DOB the alien gives you. Each one will be examined and archived in the system. That way when someone in the future does a lookup on that name and DOB, it increases the chances that a cross-reference will be noted. Listing aliases in the Remarks field usually does not work since only the "form filled" portion of the IAQ is used to scrape personal details into our search engines.

Whew...hope I could shed some light on something for someone...the situation sucks royally but we are trying our best out there in the field...
 

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It's just a matter of time before an unlicensed illegal alien who has been arrested multiple times for 90-10 kills someone, then the finger-pointing will begin. It sure as hell isn't going to point at me.
My sentiments exactly. Where I am, it's only cops, drunks, and Brazilians on the road after 2 AM. I arrest them everytime; if the court want's to set 'em free, thats on them.
 

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- My thoughts as well. Arrest, tow, print 'em, off they go for $40. Start cycle again two weeks later ....
 

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Discussion Starter · #17 ·
If they have prior 90-10 charges on their KQ I usually arrest. I usual give them one break (summons) and if I see them again they go in handcuffs. Do Officers make MV stops based on a registered owner having only an X number (a.k.a. having no MA license) if the gender of the registered owner matches that of the person driving??? some of our guys have been doing that and it seems to be legit.
 

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If they have prior 90-10 charges on their KQ I usually arrest. I usual give them one break (summons) and if I see them again they go in handcuffs. Do Officers make MV stops based on a registered owner having only an X number (a.k.a. having no MA license) if the gender of the registered owner matches that of the person driving??? some of our guys have been doing that and it seems to be legit.
There is case law (someone help me out it has slipped my mind) out there that says you can assume that the registered owner is driving the vehicle. It's good all day whether it is an X number, owner showing expired, suspended, or revoked. The same goes for a warrant, if the registered owner is showing a warrant you can pull the car over all day. You'll also see that alot of the illegals have S numbers with a non-renew only status.
 

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Discussion Starter · #19 ·
I could make MV stops all day based on "X" numbers.....I usually try to find another moving violation but if I can't I'll go with the presumption that the owner/operator is most likely unlicensed...
 

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"X" number w/ no status gives you reasonable suspicion that the r.o. is unlicensed. Which is all you need to stop the car. I hammer those bastards all day with that.
 
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