AZ-style provision removed from immigration bill
Apr 15, 2011 | Posted by: roboblogger | Full story: WAVE-TV Louisville
Indiana's proposed immigration bill no longer includes an Arizona-style provision that would have allowed police to ask people for proof of immigration status if they suspected they were in the country illegally.
“A Nation of Legal Immigrants”
Since: Nov 07
Lake City Florida,/ Nebraska
#2 Apr 15, 2011
The Bail Reform Act of 1984 created a powerful detention provision that authorizes a state of local police officer to arrest any alien other than a legal permanent resident for a federal “offense,” and to request a local magistrate to temporarily detain the alien for up to ten days without bail while awaiting transfer into federal custody, so long as the alien is found to be a “flight risk” or danger to any other person or the community.”
The authority to make arrest for federal offenses under 18 U.S.C. 3041 extends to state and local law enforcement officers.(U.S. v Bowdach, 561 F.2d 1160, 1168 (5th Cir. 1977) An illegal alien is an inherent flight risk.
Supreme Court Ruling Razes Artificial Fire Wall Between Local Law Enforcement and Immigration Enforcement (Muehler v. Mena) 9-0 Landmark Decision (Washington D.C.—April 1, 2005) In its March 22 ruling in the case of Muehler v. Mena, the Supreme Court removed barriers that prevent local law enforcement officers from questioning the immigration status of individuals they suspect to be in the United States illegally. In this groundbreaking decision, the high Court rejected the claim of Ira Mena, a permanent resident of the U.S., that police had violated the Fourth Amendment while conducting a lawful search of her home.
The Fourth Amendment provides protection by establishing that persons be shielded against unreasonable search and seizure. Mena argued that by questioning her, and the illegal alien detainees about their immigration status during a lawful search, officers violated her Fourth Amendment rights. Mena further claimed that questions asked about her citizenship required officers to have had independent reasonable suspicion regarding the unlawfulness of her immigration status.
Calling a decision by the 9th Circuit Court of Appeals “faulty,” the Supreme Court held that “mere police questioning [regarding one’s immigration status] does not constitute a seizure.” The Court continued its landmark ruling on this issue by stating that “the officers did not need reasonable suspicion to ask Mena for her name, date of birth, or immigration status.”
“Whatever legal fig leaf many police departments have been using to justify policies of non-cooperation with federal immigration authorities, has been stripped away by this landmark Supreme Court decision,”
“If local police are barred from cooperating with federal authorities in the enforcement of U.S. immigration laws it is purely a political decision on the part of local politicians and police chiefs. There is no legal barrier to local police inquiring about a person’s immigration status and then acting upon the information they gather.”
Arrest of Illegal Aliens by State and Local Officers
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