Who's responsible to enforce immigration?

[jvale00]

I saw this article and thought it was interesting. Two Chiefs and two different views, same county. I subscribe to the belief that the federal guv't should be primarily responsible for the enforcement of immigration law but, I do not subscribe to the view that it is beyond the limits of local law enforcement. Anyone else care to weigh in?

OC Sheriff Mike Carona To Debate Garden Grove Police Chief in Second Immigration Reform Debate, Feb. 13

ORANGE, Calif., Jan. 29, 2007 – Orange County Sheriff Michael Carona will face off against Garden Grove Chief of Police Joseph Polisar in the second of a series of three debates focusing on “Immigration Reform: Hard Choices Facing America” at the Chapman University School of Law, Tuesday, February 13 at 7 p.m. The event takes place in Kennedy Hall on the Chapman campus. The topic of the evening’s debate will be “Should Local Police Enforce Federal Law?”


For this segment of the three-part series, Orange County’s sheriff will debate one of the county’s leading police chiefs on the issue of local enforcement of federal law. Does local enforcement of federal immigration law affect relationships with immigrant communities? Some police chiefs believe this goes beyond the limits of local policing, while others believe it is an important tool to fight crime. This event marks the first time these two top law enforcement officials have met to debate this crucial topic in public.


The three-part “Immigration Reform” debate series presented by the Chapman School of Law and the ADL began with a debate on December 14, 2006 between the Hon. Richard Lamm, former governor of Colorado, and the Hon. Jeffrey Davidow, former U.S. ambassador to Mexico, on the topic “Can America Find an Effective and Fair Immigration Policy?” That first debate was sold out and resulted in extensive media coverage.


The third debate of the Immigration Reform series – “Solutions: Where Do We Go From Here?” – will be presented at the Chapman School of Law on Thursday, March 15 at 7 p.m., and will feature Dr. Wayne Cornelius, Gildred Professor of Political Science and U.S.-Mexican Relations and director of the Center for Comparative Immigration Studies at UC San Diego; Dr. Frank Bean, Chancellor’s Professor in the School of Social Sciences and director of the Center for Research on Immigration, Population and Public Policy at UCI; and David Hirson, Esq., of Fragomen, Del Rey, Bernsen & Loewy, LLP, past chair of the State Bar of California, International Law Section and the State Bar’s Immigration Law subcommittee.

[txinvestigator1]

Immigration is a FEDERAL law. Can non-federal officers in your state enfore federal law?

In Texas they cannot. So it is simple here.

[jvale00]

I'm federal and I have never asked the municipal guys about it. I know places like L.A. have "special orders" from their respective chiefs that forbid an officer to inquire about immigration. I have heard about some sheriff's offices taking a stand and being more active in enforcing immigration. Arizona, I believe. I think it all depends on what your statutes say. Intrestingly, ICE has (had) an national announcement for an Immigration Enforcement Agent, 1801 series. I think its a uniformed position that visits the jails of locals and helps to facilitate in deportation.

[SouthTXDeputy]

I used to work for the Border Patrol in transport and I often saw local agencies in Texas go after the driver who had aliens in their vehicle.
I now work for an agency near the border and we often deal with aliens.
There is a section in the Texas Penal Code that deals with human trafficking.
I recently took a course on human trafficking and I believe it is every officer's duty to become involved. If you are asking what does human trafficking have to do with enforcement of immigration. Well it's on the Texas books and many crimes take place on the road to illegal immigration. Rape, forced labor etc.. Some of this on little girls as little as 9 years old. Granted people should not come here if not authorized but come on... I have made contact with young children who did not ask to come here but were sent by parents and then raped in the brush.. little girls not even old enough to go to junior high. As far as I am concerned the law is there to use against human traffickers (Those who traffic illegals). So yes in Texas we do deal with it.

[Citicop]

SouthTx-

Welcome to the forum!

Check out this link and send me (or one of the other guys on the list) a PM with your info and we'll get you verified as an officer. You get a neat-o "Verified LEO" tag under your name and the restricted areas have a lot of good info...

Citicop.

[mcsap]

We cant enforce immigration laws BUT , if we have an illegal involved in a Misd or Felony Offense , we can get higher bail and we contact our LOCAL INS /ICE people ( they house illegals at our local jail and have a contingent of ICE there ) who may or may not want them.

ALso, PA now makes it illegal to get a drivers license unless proof of legal residency is shown. So , we are getting more and more unlicensed drivers. THAT we can enforce and jail time is possible on the 2nd and subsequent offense.

[ICE1811]

ICE and our counterparts (DRO, IEA's, BP, etc.) are the only ones that can enforce the INA. ICE can provide training to local agencies and grant them Immigration authority to check citizenship and alienage and allow them to detain for violations of the INA. But the brunt of the enforcement still lies upon ICE and BP.

[ICE1811]

Oh, the INA is the Immigration and Nationality Act or Title 8 USC..... before anyone asks. Sorry bout that

[BP348]

If SouthTXDeputy is who I believe he is then I can vouch for his LEO status.

STD, When they going to let you ride on you're own? I'll see you and Frank @ K-24.

[BP348]

Sorry just noticed that STD has already been verified.

[SouthTXDeputy]

Texas Penal Code. This is how a Texas Peace Officer can do his part. There are two resources that we can use. One is 20A.o2 Texas PC and the other is ofcourse 20A.01 which explains trafficking. It's hard to get the DA to follow thru but I sure will put the charge on the person. The smugglers are rapist scum. This is enforcement set in the penal code here in Texas.

Sec. 20A.02. Trafficking of Persons.

(a) A person commits an offense if the person knowingly traffics another person with the intent that the trafficked person engage in:

(1) forced labor or services; or

(2) conduct that constitutes an offense under Chapter 43.

(b) Except as otherwise provided by this subsection, an offense under this section is a felony of the second degree. An offense under this section is a felony of the first degree if:

(1) the offense is committed under Subsection (a)(2) and the person who is trafficked is younger than 14 years of age at the time of the offense; or

(2) the commission of the offense results in the death of the person who is trafficked.

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
(1) "Forced labor or services" means labor or services that are performed or provided by another person and obtained through an actor's:

(A) threatening to cause bodily injury to another;

(B) restraining another in a manner described by Section 20.01(1); or

(C) withholding from another the person's:

(i) government records;

(ii) identifying information; or

(iii) personal property.

(2) "Traffic" means to transport another person or to entice, recruit, harbor, provide, or otherwise obtain another person for transport by deception, coercion, or force.

Sec. 20A.02. Trafficking of Persons.

(a) A person commits an offense if the person knowingly traffics another person with the intent that the trafficked person engage in:

(1) forced labor or services; or

(2) conduct that constitutes an offense under Chapter 43.

(b) Except as otherwise provided by this subsection, an offense under this section is a felony of the second degree. An offense under this section is a felony of the first degree if:

(1) the offense is committed under Subsection (a)(2) and the person who is trafficked is younger than 14 years of age at the time of the offense; or

(2) the commission of the offense results in the death of the person who is trafficked.

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.

[johnnydoe143]

Immigration is a FEDERAL law. Can non-federal officers in your state enfore federal law?

In Texas they cannot. So it is simple here.

ordinary police officers can not ask about a person immigration status. The only thing they can do is put them in jail if they've done something illegal. Then if no documentation can be found about the subject INS would be called.

[North Patrol]

ordinary police officers can not ask about a person immigration status. The only thing they can do is put them in jail if they've done something illegal. Then if no documentation can be found about the subject INS would be called.

Why can't Police Officers ask about a persons immigration status? Unless the Officers department has regulations stating they can't they can ask anything they want.

To all of the officers out there: If you contact someone that you think is illegal call your local INS/ICE office or Border Patrol. All areas of the United States are covered by someone and they will willingly talk to your "individual" and check their status. If it is determined they are illegal we will have you take them into custody for us and transport them to a facility were we will send an immigration detainer.

Secondly if you have a person in custody that you have charges on and find out they are illegal, don't dismiss the charges. So many times I see a State/Local agency dismiss charges on an individual and then say "well they are going to get deported anyway, why waste the time". The more convictions an illegal has the easier it is for us to formaly remove them and possibly go criminal against them. It just gives us more options and a little bigger hammer.

[BlueKnight901]

The new thing now is charging illegal’s with "Trespassing on the United States of America"...I know of several departments who are starting to use this mostly Sheriff's Departments only right now. Once arrested, ICE is notified and the subject is transported to a local office to be deported.....as for others....No I.D. or other identification you go to jail until you can be identified.

Also we now have a very strict safe streets act, it states that all persons MUST have a drivers license, insurance, and must not be suspended or revoked....in any of these cases we impound your car and you can’t get it back until you can show a current license and insurance. So in that case most illegals are unable to get their vehicles back.

[Big Sexy]

ordinary police officers can not ask about a person immigration status. The only thing they can do is put them in jail if they've done something illegal. Then if no documentation can be found about the subject INS would be called.

First of all, INS doesn't exist anymore. Not for more than 4 years now. How about you catch up on your current events.

Secondly, can you do more than to keep posting in old posts.

Third, the only new post you have is one bitching about our chat room not being connected to aol or msn, etc, etc.

How about introducing your self and then make a post or two, which are actually current.