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Usually, the crime for which the illegal is arrested is a state crime: DUI, NVOL, theft, burglary, etc. These are not federal offenses and ICE has no power / authority to enforce them. When a person is arrested they are usually asked a series of questions, including place of birth.

ICE agents routinely review the booking sheets for the foreign born. Finger prints are compared through the electronic IDENT system. If - and only if - the alien has been previously deported is he subject to prosecution for a violation of 8 USC Sec. 1326. [Illegal reentry after a prior deportation is a crime.]If it is his first apprehension he is placed in deportation proceedings for removal from the U.S.

I did not write the law; I only enforce it to the tune of several hundred aliens per year.

>>>>"If - and only if - the alien has been previously deported is he subject to prosecution for a violation of 8 USC Sec. 1326. [Illegal reentry after a prior deportation is a crime.]If it is his first apprehension he is placed in deportation proceedings for removal from the U.S."<<<<<

If I read that correctly, the illegal alien is not "illegal" until he/she has been deported at least once before? or cannot be deported until they serve/pay for the crime that you arrest them for?

Seems to me that there could be a much easier path to easing Jail overcrowding and fighting illegal immigration with a few strokes of the pen by a few Governors... who knows it might catch on.

(Why do I feel like the illegal immigrant knows so much more about these Laws than I do?)

TT