Sheriff Can't Detain Suspected Illegal Aliens

Courthouse News Service ^ | 09/26/2012 | Tim Hull

[JohnD9207]

The 9th Circus strikes again...Idiots!

[Czar]

Sheriff Joe should appeal. These fools are almost always reversed on appeal.

[skeeter]

9th Circuit court ‘slapped down’ in 3, 2, 1...

[no-to-illegals]

It always reaches a point where the courts and LE disagree. At that point LE, in order to uphold their oath of, to serve and protect, have to tell the court to enforce their law, because LE has decided to disobey a court ruling, in order to serve and protect the public.

[JRandomFreeper]

vulnerable to unlawful detention solely because an officer has reasonable suspicion or knowledge that they are not authorized to be present in the United States,

You have to say that really fast, faster than I can, for it to begin to make sense.

I propose that we adopt Mexico's immigration laws.

/johnny

[GeronL]

foreign invasion is free and clear

come on in

welfare for all

[Obama_Is_Sabotaging_America]

If only Sheriff Joe could transport them all and release them in D.C., right in front of the Capitol Bldg. or White House.

[backwoods-engineer]

The most-reversed Circuit Court in the United States takes a dump on the rule of law. Big, big surprise--NOT.

This should go all the way to the Supreme Court, although we can no longer count on Roberts, because it is apparent that the Left has some big blackmail item hanging over his head like Damocles' sword.

[Jyotishi]

> Sheriff Can’t Detain Suspected Illegal Aliens

At least not until they vote for Hussein, probably.

[Political Junkie Too]

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1324. Bringing in and harboring certain aliens

(a) Criminal penalties
(1)
(A) Any person who—
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
(v)
(I) engages in any conspiracy to commit any of the preceding acts, or
(II) aids or abets the commission of any of the preceding acts,
shall be punished as provided in subparagraph (B).

Can 1324(a)(1)(A)(ii) "Any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law" be applied to a local police officer who conducts a traffic stop and finds a driver of a car (who may be an illegal) who has other people in the car as passengers (who are illegal) under the "transports" clause?

In other words, could Arizona police officers (under the definition of "any person who" be held in violation of this law by not detaining someone they suspect to be in violation of the above clause?

(c) Authority to arrest

No officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws.

Does "all other officers whose duty it is to enforce criminal laws" refer to state and local police officers?

Back to 1226...

(3) Upon the request of the governor or chief executive officer of any State, the Service shall provide assistance to State courts in the identification of aliens unlawfully present in the United States pending criminal prosecution.

The governor has the power to request the federal government to assist in the determination of immigration status of detained suspects.

So, Federal law allows for Arizona police to detain suspected illegal aliens pending ICE review.

The Governor can request federal support in determining the status of detainees.

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part IV > § 1226 (Apprehension and detention of aliens) says:

(d) Identification of criminal aliens

(1) The Attorney General shall devise and implement a system—

(A) to make available, daily (on a 24-hour basis), to Federal, State, and local authorities the investigative resources of the Service to determine whether individuals arrested by such authorities for aggravated felonies are aliens;

(B) to designate and train officers and employees of the Service to serve as a liaison to Federal, State, and local law enforcement and correctional agencies and courts with respect to the arrest, conviction, and release of any alien charged with an aggravated felony; and

(C) which uses computer resources to maintain a current record of aliens who have been convicted of an aggravated felony, and indicates those who have been removed.

(2) The record under paragraph (1)(C) shall be made available—

(A) to inspectors at ports of entry and to border patrol agents at sector headquarters for purposes of immediate identification of any alien who was previously ordered removed and is seeking to reenter the United States, and

(B) to officials of the Department of State for use in its automated visa lookout system.

(3) Upon the request of the governor or chief executive officer of any State, the Service shall provide assistance to State courts in the identification of aliens unlawfully present in the United States pending criminal prosecution.

The federal code requires that the Attorney General create a database of legal immigrants that local law enforcement can call upon for verification of suspected illegal immigrants. The local law enforcement would not access this database directly, but would go through a liaison within the Justice Department. The federal code says that the Justice Department is to make this system available on a 24-hour basis.

More...

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part V > § 1252c

Prev | Next

§ 1252c. Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens

How Current is This?

(a) In general

Notwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement officials are authorized to arrest and detain an individual who—

(1) is an alien illegally present in the United States; and

(2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction,

but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal custody for purposes of deporting or removing the alien from the United States.

(b) Cooperation

The Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out duties under subsection (a) of this section is made available to such officials.

1252c specifically authorizes states to arrest and detain certain illegal aliens.

-PJ

[Melas]

Doesn’t work that way. When LE starts holding living, breathing human beings without the consent of the court, then due process is gone. At that point, the jailer is a common kidnapper.

Those dead white guys knew what they were doing when wrote that bit about being deprived of liberty without due process of law.

[Political Junkie Too]

"Unlawful presence is not criminal."

How can "TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1324. Bringing in and harboring certain aliens" make harboring an illegal alien criminal, but the illegal alien's presence itself is not criminal?

-PJ

[Melas]

It’s like being high. Possession of marijuana is illegal. However, if the police find you high in your living room, and you’ve smoked all of your marijuana leaving them nothing to find, there isn’t a damned thing they can do. Being high isn’t illegal in your living room, but possessing marijuana is, and you don’t have any (left).

[Melas]

Only one place to appeal, and no chance of getting on the docket this year.

[forgotten man]

I thought this Arizona law already went to the Supreme Court and this part of the law was upheld. Are there any lawyers out there who can explain? I know that the 9th Circus gets overruled frequently.

[Political Junkie Too]

That must be what the 9th Circuit is doing, because the illegal act isn't just the illegal crossing itself, it's also the continued illegal presence without authorization.

If it isn't illegal to be present illegally, then why is it illegal to hide someone who is here illegally, or to transport someone who is here illegally?

-PJ

[exit82]

“Latino” or “Hispanic” is not a race.

[Melas]

If it isn't illegal to be present illegally, then why is it illegal to hide someone who is here illegally, or to transport someone who is here illegally?

Dunno, I'm not a lawyer. However, being here illegally is an administrative offense, not a criminal one. That's been explained in so many venues by so many sources that I've lost count.

[ptsal]

wonder what the gardeners look like at certain residences....