HEADLINE
Cops caught in crossfire of immigration debates
STORY
Brewster and New Haven, Conn., have been at the center of controversy lately over ID cards for illegal immigrants. But police in just about every community are dealing with the same underlying issues, according to a national report.
Determining what is an acceptable identification document, including cards issued by foreign consulates, is one of an assortment of new challenges facing local police, says a report from the International Association of Chiefs of Police. Like many other questions relating to immigrants, there is no consensus on whether the consular IDs should be considered valid......
.......Port Chester Police Chief Joseph Krzeminski, who heads the Westchester County Police Chiefs Association, said he would welcome a regional discussion about immigration-related challenges in law enforcement......
In compliance with copyright and fair use standards, this story has been truncated. Please click on the Source URL link below to read the entire story.
Source: Journal News
Date Published: August 6, 2007
Source Location: White Plains, NY
Reporter Contact Information: Reach Leah Rae at lrae@lohud.com or 914-694-3526
Source URL: http://www.thejournalnews.com/apps/pbcs.dll/article?AID=2007708060346
Additional Comments: This is a summary of some of the points made in a July report by the International Association of Chiefs of Police. The report is intended to give chiefs an overview on the issues surrounding legal and illegal immigration. An appendix describes the legal complexities involved in the intersection between local police work and illegal immigration.
Are immigration offenses criminal or civil violations?
Not every immigration violation is a crime. Some violations are civil, not criminal, in nature. Civil violations include being in the United States without authorization and overstaying a visa. Criminal violations include re-entering the United States illegally, alien smuggling and willfully disobeying a deportation order.
Can local police enforce immigration violations?
There is no consensus among legal experts on the role that state and local law enforcement should perform in immigration enforcement. Some maintain that state and local officers need specific authorization by Congress to enforce the criminal immigration laws; others believe they may have an inherent right to do so, depending on local laws.Congress has given specific authorization to local law enforcement in certain areas: arresting previously deported felons and noncitizens who have committed the federal crime of re-entry; making arrests for smuggling, transporting or harboring criminal aliens; enforcing immigration laws during "an actual or imminent influx of aliens"; and enforcing immigration laws under special agreements that involve training and supervision by federal officers.Can local police question criminal suspects about their immigration status?The U.S. Supreme Court has ruled that during a legitimate detention, officers may inquire about the detainee's immigration status.
Can local police determine whether someone is an illegal immigrant?
Determining immigration status is not an easy task. Immigration law is complex, and the documents are unusual and often counterfeited. Specialized training is required to give officers the basic ability to determine a person's status.
Source: "Police Chiefs Guide to Immigration Issues,"
International Association of Chiefs of Police, July 2007,
http://www.iacp.org/.
Cops caught in crossfire of immigration debates
STORY
Brewster and New Haven, Conn., have been at the center of controversy lately over ID cards for illegal immigrants. But police in just about every community are dealing with the same underlying issues, according to a national report.
Determining what is an acceptable identification document, including cards issued by foreign consulates, is one of an assortment of new challenges facing local police, says a report from the International Association of Chiefs of Police. Like many other questions relating to immigrants, there is no consensus on whether the consular IDs should be considered valid......
.......Port Chester Police Chief Joseph Krzeminski, who heads the Westchester County Police Chiefs Association, said he would welcome a regional discussion about immigration-related challenges in law enforcement......
In compliance with copyright and fair use standards, this story has been truncated. Please click on the Source URL link below to read the entire story.
Source: Journal News
Date Published: August 6, 2007
Source Location: White Plains, NY
Reporter Contact Information: Reach Leah Rae at lrae@lohud.com or 914-694-3526
Source URL: http://www.thejournalnews.com/apps/pbcs.dll/article?AID=2007708060346
Additional Comments: This is a summary of some of the points made in a July report by the International Association of Chiefs of Police. The report is intended to give chiefs an overview on the issues surrounding legal and illegal immigration. An appendix describes the legal complexities involved in the intersection between local police work and illegal immigration.
Are immigration offenses criminal or civil violations?
Not every immigration violation is a crime. Some violations are civil, not criminal, in nature. Civil violations include being in the United States without authorization and overstaying a visa. Criminal violations include re-entering the United States illegally, alien smuggling and willfully disobeying a deportation order.
Can local police enforce immigration violations?
There is no consensus among legal experts on the role that state and local law enforcement should perform in immigration enforcement. Some maintain that state and local officers need specific authorization by Congress to enforce the criminal immigration laws; others believe they may have an inherent right to do so, depending on local laws.Congress has given specific authorization to local law enforcement in certain areas: arresting previously deported felons and noncitizens who have committed the federal crime of re-entry; making arrests for smuggling, transporting or harboring criminal aliens; enforcing immigration laws during "an actual or imminent influx of aliens"; and enforcing immigration laws under special agreements that involve training and supervision by federal officers.Can local police question criminal suspects about their immigration status?The U.S. Supreme Court has ruled that during a legitimate detention, officers may inquire about the detainee's immigration status.
Can local police determine whether someone is an illegal immigrant?
Determining immigration status is not an easy task. Immigration law is complex, and the documents are unusual and often counterfeited. Specialized training is required to give officers the basic ability to determine a person's status.
Source: "Police Chiefs Guide to Immigration Issues,"
International Association of Chiefs of Police, July 2007,
http://www.iacp.org/.
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