Monday, July 16, 2007

Can a Local Police Deport Me?

Two days ago, one of our friends heard from illegal aliens in Florida that the local police have the authority to deport you. And it's true that there is much more activity in local communities about enforcing their own flavor of immigration law because the US Immigration Reform law did not pass in Congress.

For instance, Prince William County in Virginia, have their police force begin enforcing illegal immigration. When they stop somebody they've arrested, they are authorized to check the citizenship status of the person or persons - and see if there is "probable cause" that they are in the United States illegally. But even here, the county board hasn't really come up with what "probable cause" is.

That doesn't mean illegals stopped go free.

Prince William County is checking drivers licenses. If you don't have one, there is a good chance you are illegal. You can't get one without being a citizen, or if you're on a visa that permits one.

And at the same time, many counties across the United States are reluctant to let their local police departments enforce the law against illegals for worry that their departments just might face a harassment suit - (or racial profiling).

This just can't be avoided - ethnic profiling... You know if you look the part, you will have a higher chance of being picked out and asked if you are here legally. But this did get Hazelton, Pennsylvania, in trouble recently when they passed law saying landlord face penalties if they rent to illegals, or hire them. The ACLU challenged and a decision is expected soon.

The question as to whether local authorities can enforce federal immigration law is worth considering. From what we've seen, the answer is YES. Many counties have agreements with the Department of Homeland Security, and they screen anyone pulled over for legal status. So if you're driving, and something happens, say... the car beside you accidentally hits you and they call the police; if you don't have proof that you are in the United States legally, you may be detain and then eventually deported.

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