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Immigration Law

Expert: Local Law Enforcement Might Contact ICE, Depending on Situation

Bob Egelko, San Francisco Chronicle, Dec. 31, 2018 - "The arrest of an undocumented immigrant in the fatal shooting of a police officer in Stanislaus County has raised questions about whether the killing had any connection to state or local sanctuary laws, which limit police cooperation with federal immigration agents. ... Q: Do police and sheriffs’ deputies inquire about immigration status when making an arrest?  A. That varies among police departments and individual officers, in California and elsewhere. If a suspected drunken driver lacked a license, “or the driver’s license looked fishy, or the individual looked or sounded foreign,” some officers might contact Immigration and Customs Enforcement and ask about their legal status, said Stephen Yale-Loehr, a Cornell University law professor and author of a widely used textbook on immigration law."

  • The problem is there is no possible way for ICE/DHS to have a registry of illegally present aliens.  So they want an UNCONSTITUTIONALLY custody hold so ICE can investigate AFTER they pick up the "alien."  Quote marks are because this person can easily be a derived citizen.  USCIS refuses to record electronically when a child derives citizenship when a parent naturalizes.

  • Removal is a CIVIL process.  It is UNCONSTITUTIONAL to hold anyone in jail for this.  ICE NEVER charges criminal entry; that is done at the border.  ICE investigates AFTER taking custody.  This is blatantly wrong!  USCIS refuses to electronically acknowledge derivative citizenship by minors when a parent naturalizes.  So ICE often imprisons US citizens.  ALL Immigration Officers must pass 2 courses on the acquisition of citizenship at home or by birth abroad to a US citizen parent.  The State Dep't also adjudicates this and issues a Consular Report of Birth of a US Citizen Abroad.  ICE refuses to look up the recorded naturalized parent when they take custody.  There NEVER is a record in the FBI NCIC II database of a criminal charge pending on illegal presence.