Thin Black Line
Member
Is it true that local LEOs can not arrest illegal aliens just for being in the
country illegally, ie, their status alone?
country illegally, ie, their status alone?
Cite? First I've heard of it (doesn't make it not-so, of course...).It is up to the local jurisdiction as to whether they want their LEO to arrest for immigration violations. There was a recent (not sure when) act or bill that permitted such enforcement.
Immigration is a federal offense. State and local police have no arrest powers in reference to it.
I bet Sheriff Joe Arpaio (sp?) could figure out a way to store all the illegals on the cheap while the federales figured out what to do with them.
That said(tm), my understanding is that anyone suspected of being in the U.S. illegally is entitled to due process of law prior to deportation. That means that INS has to store them somewhere, and hold a hearing prior to putting them on a bus or plane to wherever INS thinks they ought to be. as you've probably heard, our prisons (both state and federal) are already overflowing with people who have committed crimes of a non-immigration nature, such as crimes of violence, fraud, tax evasion, drug crimes, etc. While INS has some detention facilities, it apparently doesn't have anywhere near enough space to handle all of the suspected illegals who are caught every year, whether by INS, other federal agencies, or state and local law enforcement. Even if it did, there aren't enough attorneys, clerks and hearing officers to process all of the hearings that would be required. Thus, INS generally discourages state and local law enforcement from rounding up or arresting individuals solely on the basis that they are suspected of being in the U.S. illegally.
http://www.immigrationshumancost.org/
This is Jorge Hernandez, aka Jorge Soto, the illegal alien accused of killing Min Soon Chang, an 18-year-old college freshman, shown just below, in a terrible head-on wreck while Hernandez was driving drunk. Now more facts are coming out about this man, such as the fact that he had been arrested three previous times for drunk driving in three other states. One report says he was sent back to Mexico 17 times!
This is just the sort of case that Rep. Sue Myrick hopes to prevent with her proposed legislation that would require immediate deportation for any drunk-driving illegal alien. She called the tragedy a wake-up call and said, "It's so senseless, it's so senseless. The issue is that you're legal, or you're illegal."
Here is a transcript of Rep. Myrick discussing the issue and her bill with Lou Dobbs.
Sad but the story is repeated all over the country. We seem to be enamoured with legal process and ignore the result.http://www.immigrationshumancost.org/
Eighteen-year-old Min Soon Chang never had a chance. The UNC Charlotte freshman was struck head-on by a drunk illegal alien driving at an estimated 100 miles per hour on the wrong side of Interstate 485. Min was described as outgoing by family and friends, and was enrolled as a pre-business student.
The illegal alien identified himself as Jorge Hernandez, 35, and said he didn't have an address. Police said that he had driven 20 miles on the wrong side of the highway, and other drivers described having close calls. One of the first police officers on the accident scene was C.L. Amaral, who described Hernandez as smelling strongly of alcohol and "totally out of it."
Hernandez has been charged with driving while impaired and involuntary manslaughter.
U.S. Rep. Sue Myrick, R-N.C., is working on legislation that would strengthen penalties against illegal immigrants who are convicted of DWI. She became vocal about the issue when Scott Gardner, a Gaston County teacher, was killed in July by an illegal immigrant who was driving drunk.
On Friday, she commented on "another bright young life lost."
"I hope that this -- as far as our committees are concerned -- will make a difference," Myrick said. "This is just another example of why we need the legislation." ["Illegal immigrant charged in fatal wreck"]
Update 11/21: Now that Hernandez has sobered up, he has admitted his status: "Driver in crash says he's illegal". He describes himself as an agricultural worker who has been here three years.
Trooper Brian Huffstickler of the N.C. Highway Patrol said Hernandez also could face second-degree murder charges if police find out he has prior DWI convictions.
"He has blown all safe driving rules out the window," Huffstickler said.
Immigration is a federal offense. State and local police have no arrest powers in reference to it.
TBL said:Some places will arrest and hold on
immigration status alone while many others will not. I think the majority
do not across a few counties that I routinely travel/work in.
B.D. Turner said:We had an illegal here that lived with white women whom he liked to beat and rape when he was drunk.
I kind of curions if you feel his comments are any less valid because he did mention the victim's race?I'm kind of curious why you felt it was necessary to explain that the women were white? Would it have been more acceptable if he had beaten and raped only his own race?