Repeater
Regular Member
Could there be a potential for misuse? Any cause for concern?
Patron is Senator Black:
Immigration query at arrest or during detention.
That summary seems okay, if you are against illegal aliens, but the text of the bill states:
What if you open-carry, and the LEO doesn't like your answer? Or, you don't answer at all?
Your Papers, Please?
Patron is Senator Black:
Immigration query at arrest or during detention.
Provides that when a law-enforcement officer lawfully detains a person following a lawful stop, detention, or arrest of such person for a suspected criminal offense or traffic infraction or upon reasonable suspicion of criminal activity and, during the detention, based upon certain prescribed inquiries of the detainee and ICE, the officer forms a reasonable suspicion that the person is unlawfully present in the United States, the officer shall make a reasonable effort during the detention, when practicable, to determine whether the person is lawfully present, unless the determination would hinder or obstruct an investigation. The bill also sets out procedures to be followed by a judicial officer who would make a bail determination for such an arrestee.
That summary seems okay, if you are against illegal aliens, but the text of the bill states:
When a law-enforcement officer lawfully detains, but does not arrest, a person following a lawful stop or detention of such person for a suspected criminal offense or traffic infraction or upon reasonable suspicion of criminal activity, the officer shall inquire, during the detention, as to whether the person (i) was born in a country other than the United States, (ii) is a citizen of a country other than the United States, and (iii) is in the country lawfully, unless to do so would hinder or obstruct an investigation. If based upon the person's responses, the officer has reasonable suspicion to believe the person is or remains in the United States unlawfully, he shall, when practicable, make an Immigration Alien Query to the Law Enforcement Support Center of the United States Immigration and Customs Enforcement (ICE) to verify the person's lawful presence in the United States.
What if you open-carry, and the LEO doesn't like your answer? Or, you don't answer at all?
Your Papers, Please?