Posted on Mar 6, 2017
Police Chief to Illegal Aliens: ‘Your Immigration Status Is Completely Irrelevant’
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This guy needs to be fired immediately. When did it become alright for a Police Chief to defend ANYTHING that is illegal?? This goes against everything this clown is getting paid for! Oh, wait a second...California. Never mind, seems to be the norm out there.
Police Chief to Illegal Aliens: ‘Your Immigration Status Is Completely Irrelevant’
Posted from cnsnews.com
Immigration
Police
Crime
Posted 7 y ago
Responses: 8
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Exactly where do local officers get the authority to enforce federal law? The US Code doesn't grant local officials that authority, and the local officers have no more authority than the normal citizen to enforce immigration law.
Legally, local officers are empowered by the state to enforce state laws and local ordinances. The state doesn't have the authority to grant officers the authority to enforce federal law. So what he said is exactly correct - immigration status has nothing to do with state or local crimes. When I was on the street, I didn't care what their immigration status was because it wasn't my job and didn't affect it, other than the problem with getting illegal immigrants to file charges on citizens who victimized them.
Police officers are not allowed to exceed their authority, because that violates the rights of people. So if you have a local officer going after immigrants, you have a problem.
Legally, local officers are empowered by the state to enforce state laws and local ordinances. The state doesn't have the authority to grant officers the authority to enforce federal law. So what he said is exactly correct - immigration status has nothing to do with state or local crimes. When I was on the street, I didn't care what their immigration status was because it wasn't my job and didn't affect it, other than the problem with getting illegal immigrants to file charges on citizens who victimized them.
Police officers are not allowed to exceed their authority, because that violates the rights of people. So if you have a local officer going after immigrants, you have a problem.
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Capt Gregory Prickett
Cpl Jeff N. - sure, they can hold them for the feds. But the feds need to actually go to the trouble to get a warrant to do so. A "detainer" isn't a warrant and does not provide legal authority to hold someone in jail.
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Capt Gregory Prickett
GySgt John Olson - that source is biased towards the right.
My experience is that illegals were the victims of crime far more often than they were the offenders. You just couldn't get them to file charges on the citizen-offender because they were scared of INS.
My experience is that illegals were the victims of crime far more often than they were the offenders. You just couldn't get them to file charges on the citizen-offender because they were scared of INS.
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Cpl Jeff N.
Capt Gregory Prickett - Do you question the state of Texas figures on illegal alien crime? If these are true and I believe they are, there is a responsibility for law enforcement at the local, state and federal level to protect citizens from it.
A couple of hypotheticals:
If an illegal alien has committed a federal crime, let's say murder of a federal agent in another state. Do you think local law enforcement (in another state) has a responsibility to arrest and hold the perpetrator for the feds?
If a crime is committed in State A, and the police arrest the perp in State B, is there an obligation to arrest and hold the suspect even though it didn't happen in the local cops jurisdiction?
In my mind, an illegal alien breaking federal law by entering the country illegally and violating our law they needs to be detained and turned over to the Feds. Not asking the locals to prosecute them or to do round ups of illegals etc. If the illegal alien is detained for some reason and determined to be here illegally he should be held for ICE. That is normal cooperation of law enforcement organizations.
A couple of hypotheticals:
If an illegal alien has committed a federal crime, let's say murder of a federal agent in another state. Do you think local law enforcement (in another state) has a responsibility to arrest and hold the perpetrator for the feds?
If a crime is committed in State A, and the police arrest the perp in State B, is there an obligation to arrest and hold the suspect even though it didn't happen in the local cops jurisdiction?
In my mind, an illegal alien breaking federal law by entering the country illegally and violating our law they needs to be detained and turned over to the Feds. Not asking the locals to prosecute them or to do round ups of illegals etc. If the illegal alien is detained for some reason and determined to be here illegally he should be held for ICE. That is normal cooperation of law enforcement organizations.
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Capt Gregory Prickett
Cpl Jeff N. - Answering your hypos:
1. Local law enforcement can arrest on a fugitive warrant. They do not have jurisdiction to arrest for an offense outside of their jurisdiction. Not only does that subject them to civil liability to the arrestee, it can cause problems in the prosecution of the case in the other state.
2. No. Not unless there is a warrant. Police cannot arrest unless they have legal grounds to do so.
I understand your feelings, but local officers are not authorized by law to do that. What you claim is normal cooperation is not. Agencies do not hold people unless they have a legal basis to do so. They can notify ICE (but are under no legal obligation or duty to do so), but they may not hold without a warrant. Some will hold on a detainer, but that opens the agency up to liability that ICE will not indemnify them for, even though the agency is acting at the request of ICE.
1. Local law enforcement can arrest on a fugitive warrant. They do not have jurisdiction to arrest for an offense outside of their jurisdiction. Not only does that subject them to civil liability to the arrestee, it can cause problems in the prosecution of the case in the other state.
2. No. Not unless there is a warrant. Police cannot arrest unless they have legal grounds to do so.
I understand your feelings, but local officers are not authorized by law to do that. What you claim is normal cooperation is not. Agencies do not hold people unless they have a legal basis to do so. They can notify ICE (but are under no legal obligation or duty to do so), but they may not hold without a warrant. Some will hold on a detainer, but that opens the agency up to liability that ICE will not indemnify them for, even though the agency is acting at the request of ICE.
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Since the founding local police have had zero obligation to enforce Federal law, where did you gt the idea that they did?
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LTC (Join to see)
There obligation lies in not defending illegal actions, of any sort. when you have the Chief of Police going on record saying that he defends the practice of illegal immigration and will not cooperate with those trying to enforce the law then there is a problem.
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1stSgt Nelson Kerr
LTC (Join to see) - That is not a legal obligation, if so please cite the law or the case.
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Capt Gregory Prickett
1stSgt Nelson Kerr - Not only is there not a legal obligation, there is a legal prohibition from exceeding one's authority as a state officer.
LTC (Join to see), sir, think of it this way. Can you, as a field grade officer, convene a General Court Martial? The Chief of Police doesn't have the authority to enforce immigration law.
LTC (Join to see), sir, think of it this way. Can you, as a field grade officer, convene a General Court Martial? The Chief of Police doesn't have the authority to enforce immigration law.
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