| We must look
to local cops for immigration enforcement
September 16, 2005
Almost daily we read about the problems caused by illegal immigration.
We look to our law enforcement for assistance, and they respond, "Immigration
is a federal problem."
Cities like Los Angeles have come up with policies that prevent its officers
from arresting illegal aliens even after ascertaining their legal status;
this is called "Special Order Number 40."
Even here in San Diego County our law enforcement gives us the same line
---- that they are powerless to do anything about the problems of illegal
immigration. Well, they are wrong.
California Penal Code section 834(b) states:
- (a) Every law enforcement agency in California shall fully cooperate
with the United States Immigration and Naturalization Service regarding
any person who is arrested if he or she is suspected of being present
in the United States in violation of federal immigration laws.
- (b) With respect to any such person who is arrested, and suspected
of being present in the United States in violation of federal immigration
laws, every law enforcement agency shall do the following:
- (1) Attempt to verify the legal status of such person as a citizen
of the United States, an alien lawfully admitted as a permanent
resident, an alien lawfully admitted for a temporary period of time
or as an alien who is present in the United States in violation
of immigration laws. The verification process may include, but shall
not be limited to, questioning the person regarding his or her date
and place of birth, and entry into the United States, and demanding
documentation to indicate his or her legal status.
- (2) Notify the person of his or her apparent status as an alien
who is present in the United States in violation of federal immigration
laws and inform him or her that, apart from any criminal justice
proceedings, he or she must either obtain legal status or leave
the United States.
- (3) Notify the attorney general of California and the U.S. Immigration
and Naturalization Service of the apparent illegal status and provide
any additional information that may be requested by any other public
entity.
Now, there is more to this section, like how to notify the arrested national's
consular office and other procedures required by our government. But the
law is clear: Local police can and are required by law to act and cooperate
with federal immigration authorities and immigration laws.
So next time law enforcement officers try to feed you some line that
it's not their responsibility to enforce immigration laws, tell them to
enforce all the laws of the state of California, not just selected ones,
and to honor the oath they took to protect and serve the citizens of this
state ---- in other words, to do their jobs
Last updated September 20, 2005 |
