Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Marine Inspector
Thanks for the post. From what I can see, someone coming over the border illegally cannot be assumed to be committing a felony under federal law until they can be proven to be "alienated", or re-entered after being previously deported, and someone observing illegal entry would have no way of ascertaining that at the time. So Arizona law regarding the requirement of the observation of a felony in order to facilitate a citizens arrest would not be in force - but trespass could apply under state law. But the border groups are well within their rights to report suspected illegal aliens to the INS - are there any guidelines or programs that you know of that encourage such?
444 posted on 01/17/2003 2:14:39 PM PST by dirtboy
[ Post Reply | Private Reply | To 442 | View Replies ]


To: dirtboy
Thanks for the post.

Your welcome.

From what I can see, someone coming over the border illegally cannot be assumed to be committing a felony under federal law until they can be proven to be "alienated", or re-entered after being previously deported, and someone observing illegal entry would have no way of ascertaining that at the time. So Arizona law regarding the requirement of the observation of a felony in order to facilitate a citizens arrest would not be in force

That would be my understanding, also.

but trespass could apply under state law. But the border groups are well within their rights to report suspected illegal aliens to the INS

Yes, and that is were the majority of these groups operate, on private property. Once they move to public land, they now walk a very thin line. They can however, follow and report the suspected illegal activity to the Border Patrol.

are there any guidelines or programs that you know of that encourage such?

Not that I know of. The Government would never start a program for civilians that helps enforce laws they do not want enforced.

447 posted on 01/17/2003 2:23:28 PM PST by Marine Inspector
[ Post Reply | Private Reply | To 444 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson