A Point of Law

T

The_Sentinel

Registered Users (C)
Hello Folks,
A question about point of law. If you are stopped by the police for whatever reason such as traffic violation, routine search etc, do they have the authority to ask for proof of immigration status? Can they ask you to provide evidence of immigration status other than a identity document such as a drivers license? if you dont have sufficient proof can they detain you and report this to the INS?
 
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I believe they can. They can ask you any question they want.
That is why many criminals are caught by the INS. Otherwise
the INS can only catch criminals at I-485 and N-400 time, which is not true.

After 9-11, some proposed federal laws that require
that state DMV veirify driver\'s license applicant\'s immigration
status. Right now only very few including California are
doing that.
 
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I believe only INS agents can ask about immigration status.
Others can ask about your eligiblity to provide a service/benefit (such as Univ, Employer, etc.)
 
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>they call in the Border Patrol to actually take the illegals into >custody.

But the boder patrol officers can not arrive immediately, right?
Can these illegal immgrants move away before the border control
arrive? I think not ---otherwise that will leave plenty of time
for them to flee. Strictly speaking, custody/arrest does
not mean it should occcur only in police stations or county
jail. The tenmporary deprivation of free move outside such
faciloities is still arrest with the except of traffic stop
"arrest". But usually only actual booking procedure officially
create arrest record.
 
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>and they didn\'t ask me for my immigration status.

I asked two of my freinds in california. One of them said
everytime he renewed his DL, he was asked about his immigration
status while the other one don\'t remember having been asked.
So I have no idea how it works.

In the state here, one of my friend on F-1 tried to apply
to get a DL, at the examination, the DMV insisted her visa
expired (what expired was actrually the 6 month visa rather
than the F-1 status, indicating by I-20). It even scared her
to death before she figured it out.
 
It is the law.

I can\'t believe we are even having this discussion! As if it wasn\'t emphasized enough after the 9/11 events.

Here\'s an excerpt from Fragomen\'s news site. I\'m sure you can find it on other sites as well.

Note that the Immigration and Naturalization Act (INA) requires individuals over the age of 18 to carry their "registration" documentation with them at all times (INA § 264(e)). Failure to carry registration documents is a misdemeanor punishable by $100 or less, imprisonment for not more than 30 days, or both. (Id.) What constitutes evidence of registration for different classes of individuals, including nonimmigrants, is outlined in 8 CFR § 264.1(b). These include, but are not limited to:

I-94, Arrival-Departure Record
I-185, Nonresident Alien Canadian Border Crossing Card
I-186, Nonresident Alien Mexican Border Crossing Card
I-551, Permanent Resident Card
I-688, Temporary Resident Card
I-688A, I-699B, I-766, Employment Authorization Card
 
Here is why...

The place where I work there is this employer who happened to be a part-time cop. I put the same question to him. If he happens to come accross an illigal immigrant what he do in that case. He said he will only give ticket if he does some traffic violations and arrest him if it is a misdemeor. But doesnt care about his legal position since it is not his duty. It is the duty of the INS. INS is now facing lack of staff and resources ..most of the time they dont even care. But again it depends on your skin color. If you look more of east-side person probably they make verify your background before they let you out.
 
If police ask, they may run into the trouble of

profiling or descremination since there is no way they can tell if you are a citizen, a legal immigrate or a illegal immigrate other than your looking or accent.
 
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The discussion is here about a point of law. This discission is about the scope of law enforcement by the various departments. Regulars to this site all know that we aliens must carry resident card at all times.
 
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I have had licenses from the states from Florida, New York and New Jersey over the years and have always been asked proof of legal status such as passport/visa. I have been asked documentation while getting a new license but I dont think NJ DMV asked me proof while renewing my drivers license.
 
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Then can local cops detain you before the INS arrive
if you do nothing wrong except for being an illegal
alien? I personally thnk that they can.
 
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You are correct and I believe that is what happens in many cases. The cops detain you and then the INS charges you with immigration violations.
 
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If you did nothing wrong, why would anyone question you?
But if you are arrested for something else (remember you are a suspect at this time), your immigration status among other things can be suspected. The INS agents are then notified for questions related to immigration violation(s) and/or arrest.
 
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Cops can stop you for any probable cause but can find
out nothing wrong exepcet that you are an illegal alien.
Cops can also randomly stop people for, say, alcohol test
(such stop is legal as long as it is random).
So there are many occasions that a local cop encounter
you when you do nothing wrong and teh cop also think
you do not do anything wrong except being staying
in the USA illegally
 
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Hello All,

I do have a situation. This may not apply to all. But if you are applying for a visitors visa many consulates in the US will ask for your plastic card along with your passport. This takes about a week if you are sending by post. What happens if some one catches you during this time. Any inputs??

regards
 
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Actually, the technicality involved here is very subtle.
The question addressed here seem to be whether a person\'s
immigration status is privacy so that a cop can not ask
rather than whether a cop can generally ask about a perons\'s
immigration status no matter whether teh cop is suspicious
about anyone\'s immigration status or not.
 
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