Why don't Local Dept enforce immigration laws?

Discussion in 'Cop Talk' started by BLACK Z, Oct 10, 2010.

  1. BLACK Z

    BLACK Z

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    How Come once people make it over the board and into teh county they are pretty safe? The Border Patrol spends all this time and money are chasing people to send back but if they make they are good to go. I stop people all the time that aren't legal, we have tons of farms that employ them. I must say that they give us very little problems and besides driving with no DL we don't deal with them.

    P.S I was watching Border Wars and it just poped into my head.
     
  2. Newcop761

    Newcop761 CLM

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    Really? Little problem huh?
     

  3. BamaTrooper

    BamaTrooper Private side

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    Because enforcing immigrations issues isn't something most local agencies are trained to do or paid to do.
     
  4. JK-linux

    JK-linux

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    When I was working conservation, we rarely wrote ordinances outside our own book. Obviously we didn't turn a blind eye, but we generally called other agencies for some stuff. When I asked, it was explained to me that our attorney wasn't being paid to argue for other municipalities' (traffic violations, DUI, misdemeanor possession, petty thefts, etc) code. Not sure what the actual reason was, but we generally hung out until another agency showed up and handed off what we found. This as circa very early 1990's so things may be different now.
     
  5. ateamer

    ateamer NRA4EVR

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    It's kind of hard for officers who aren't federally sworn to enforce federal laws.
     
  6. lawman800

    lawman800 Juris Glocktor

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    It just keeps getting better, don't it?
    We file in federal court if we think it helps... such as felon in possession. I love the federal mandatory 10 years per count on those things while the county DA would just kick them loose with a warning and maybe some ice cream.:whistling:

    We also make drug arrests and counterfeit arrests which go federal. I know we arrest for state crimes but we can then transfer them over to the federal courts for federal filing as well and remain as the arresting officer on the case. In that event, the AUSA files the case and secures the indictment from the grand jury but we are still the arresting officers and the case does not get tossed out just because we are state officers.

    Check CA Penal Code 834. We are mandated to cooperate with the INS and enforce immigration laws. I think the technicality is that since INS is gone and replaced by USCIS, the law is unenforceable.
     
  7. kirgi08

    kirgi08 Watcher. Silver Member

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  8. opelwasp

    opelwasp ZOG/MORON LUBE

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    Why not? Because no one wants to testify to the Supreme Court on the immigration issue. If we start enforcing immigration law then we are gonna get sued, labeled a racist, background scrutinized, family harassed, guaranteed.:steamed: Screw all that, I'll just wait till it is supported by the jury of public opinion.
     
  9. OLY-M4gery

    OLY-M4gery

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    Same reason state's don't raise their own armies or navies, enter into treaties with other countries, etc. The Constitution says certain powers rest with the federal government, and the federal government alone.
     
  10. Patchman

    Patchman Florist

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    My state's criminal laws does not include any immigration violations. That's why (to my knowledge) I have not heard of anyone being arrested solely for being illegal. But I have in the past arrested illegals for a crime, and made referrals to INS.
     
  11. Unistat

    Unistat

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    I'm not a cop, but I know for a fact that the PD in the city where I work (and grew up) will detain illegals for Border Patrol. The BP station is just a couple miles away. So illegals don't get arrested by the local PD for being illegal, but they don't get away either.
     
  12. Spiffums

    Spiffums I.C.P.

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    Wasn't there a story about ICE not picking up illegals detained by some of the Sheriff's Offices in AZ?
     
  13. ArmyCop

    ArmyCop

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    I have friends - local PD - said anytime they pull over someone (illegal turn, not coming to full stop at stop sign etc..) & turned out illegal - the BP would not come get them - so they hardly ever bother calling them anymore.
     
  14. Unistat

    Unistat

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    BP or ICE? I've heard that ICE will only come out for a large narcotics or other seizure, but BP picks them up no matter what.
     
  15. Morris

    Morris CLM

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    Pretty much that way up here.
     
  16. lawman800

    lawman800 Juris Glocktor

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    It just keeps getting better, don't it?
    That applies in certain situations where the Constitution specifically PRECLUDES the local governments from enacting legislation or taking action. Prime example is the US Treasury and Mint. There is only one US currency, which was a response to all the states having their own money and waging their own trade wars. That also gave rise to the Commerce Clause so that the Federal Government can regulate and enforce free trade in the Union. However, it was never meant to force people to buy something and use the greater good as an excuse.

    In any event, States have their own militaries, i.e. National Guard. There are tons of places where there is concurrent jurisdiction between the feds and states. Then there are places where only the State has the power, as dictated by the 9th and 10th Amendments.

    The federal charter states that only the Feds can pass an uniform code of immigration so that the question of naturalization and citizenship is the same no matter which state you are in. However, I don't think any state out there is looking to change anything in the INA (Immigration and Naturalization Act), rather, certain states are looking to enforce it by passing analogous laws in their own state legislatures.

    As it is not expressly prohibited, I don't see why that would be a problem. When the Feds enacted the National 55mph speed limit, was there an uproar about the state and local cops enforcing the law? Heck, the FBI sure wasn't going to start doing traffic stops on highways, are they?

    CA has had Penal Code section 834b on the books forever and it's still referencing INS as the agency that we must cooperate with in the enforcement of the INA.

    The text of PC834b reads a lot like Arizona's SB1070, no? Heck, CA takes it a step further and says we SHALL ascertain the legal status of such persons suspected of being illegal by DEMANDING documents and the law PROHIBITS any agency from interfering with the administration of this code section.

    I'm surprised nobody sued LA for violating subsection (b)(3) for declaring itself a sanctuary city. That might be a fun lawsuit to watch. Wouldn't surprise me if the State Legislature took emergency action to repeal this whole code section though if that came about.

    Penal Code 834b
    (a) Every law enforcement agency in California shall fully cooperate with the United States Immigration and Naturalization Service regarding any person who is arrested if he or she is suspected of being present in the United States in violation of federal immigration laws.
    (b) With respect to any such person who is arrested, and suspected of being present in the United States in violation of federal immigration laws, every law enforcement agency shall do the following:
    (1) Attempt to verify the legal status of such person as a citizen of the United States, an alien lawfully admitted as a permanent resident, an alien lawfully admitted for a temporary period of time or as an alien who is present in the United States in violation of immigration laws. The verification process may include, but shall not be limited to, questioning the person regarding his or her date and place of birth, and entry into the United States, and demanding documentation to indicate his or her legal status.
    (2) Notify the person of his or her apparent status as an alien who is present in the United States in violation of federal immigration laws and inform him or her that, apart from any criminal justice proceedings, he or she must either obtain legal status or leave the United States.
    (3) Notify the Attorney General of California and the United States Immigration and Naturalization Service of the apparent illegal status and provide any additional information that may be requested by any other public entity.
    (c) Any legislative, administrative, or other action by a city, county, or other legally authorized local governmental entity with jurisdictional boundaries, or by a law enforcement agency, to prevent or limit the cooperation required by subdivision (a) is expressly prohibited.
     
    Last edited: Oct 11, 2010
  17. lawman800

    lawman800 Juris Glocktor

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    It just keeps getting better, don't it?
    As for the feds giving a rip... they don't.

    I've had several occasions, made contact or stopped people who turned out to be illegal. They openly told me so without questioning. I contacted the local area ICE office (20 minutes) away and was told that unless I got them for something big like narco, they won't come out to pick them up. The people know this and that's why they don't really care about telling us they are illegal and how long they have lived here.

    I have a few stories... but the ones that stick out in my mind was this car full of kids that I stopped for illegal u-turn. One kid in the back turned out to be illegal. Spoke perfect English though just like any other kid. I asked him where did he learn English. He said here. He's been here since he was a baby, illegal. Grew up and went through our entire public school system, but can't get an ID since he was illegal. Can't get a real job either.

    Another one was a loud party during a weekday afternoon at a house across from an elementary school while kids were around. Yep, tons of beer and grown men loitering at the house, drinking and playing music, weekday afternoon. I contacted 6 of them. All 6 were illegal, living at the house. As they turned down the music, and it was their property, there wasn't much I can do.

    If I book them into county though, on an open charge, then I can request an immigration hold and then ICE or BP will come out on their weekly run to pick up those who are detained for immigration purposes, after their state case has settled.
     
  18. opelwasp

    opelwasp ZOG/MORON LUBE

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    I had the same type of thing here, lawman800. I popped a chick for 12500 VC and she did not have any ID, US or Mexico. I took her in for 40302 VC and put an ICE hold on her. Not 2 hours later her family stops by with her Mexico ID and they OR her.:steamed:
     
  19. Hack

    Hack Crazy CO Gold Member

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  20. RenegadeGlocker

    RenegadeGlocker SuperOwner

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    Political fear.

    Nobody is ever going to seriously enforce immigration laws, ever. Well the Mexicans might in 30 years when they are the majority.