How do you determine who is illegal?

IBDaMann said:
Title 8 Chapter I Subchapter B Part 287 § 287.5

It's long, but it outlines who is authorized to question suspected aliens, who is authorized to arrest suspected aliens, who can patrol the border, etc. Here's one section:

§ 287.5 Exercise of power by immigration officers.
(c) Power and authority to arrest.
(1) Arrests of aliens under section 287(a)(2) of the Act for immigration violations. The following immigration officers who have successfully completed basic immigration law enforcement training are hereby authorized and designated to exercise the arrest power conferred by section 287(a)(2) of the Act and in accordance with 8 CFR 287.8(c): (see below)
(i) Border patrol agents;
(ii) Air and marine agents;
(iii) Special agents;
(iv) Deportation officers;
(v) CBP officers;
(vi) Immigration enforcement agents;
(vii) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and
(viii) Immigration officers who need the authority to arrest aliens under section 287(a)(2) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, the Assistant Secretary/Director of ICE, or the Director of the USCIS.


(referenced above)
Title 8 Chapter I Subchapter B Part 287 § 287.8
(c) Conduct of arrests —
(1) Authority. Only designated immigration officers are authorized to make an arrest. The list of designated immigration officers may vary depending on the type of arrest as listed in § 287.5(c)(1) through (c)(5).
(2) General procedures.
(i) An arrest shall be made only when the designated immigration officer has reason to believe that the person to be arrested has committed an offense against the United States or is an alien illegally in the United States.
(ii) A warrant of arrest shall be obtained except when the designated immigration officer has reason to believe that the person is likely to escape before a warrant can be obtained.
(iii) At the time of the arrest, the designated immigration officer shall, as soon as it is practical and safe to do so:
(A) Identify himself or herself as an immigration officer who is authorized to execute an arrest; and
(B) State that the person is under arrest and the reason for the arrest.
(iv) With respect to an alien arrested and administratively charged with being in the United States in violation of law, the arresting officer shall adhere to the procedures set forth in 8 CFR 287.3 if the arrest is made without a warrant.
(v) With respect to a person arrested and charged with a criminal violation of the laws of the United States, the arresting officer shall advise the person of the appropriate rights as required by law at the time of the arrest, or as soon thereafter as practicable. It is the duty of the immigration officer to assure that the warnings are given in a language the subject understands, and that the subject acknowledges that the warnings are understood. The fact that a person has been advised of his or her rights shall be documented on appropriate Department forms and made a part of the arrest record.
(vi) Every person arrested and charged with a criminal violation of the laws of the United States shall be brought without unnecessary delay before a United States magistrate judge, a United States district judge or, if necessary, a judicial officer empowered in accordance with 18 U.S.C. 3041 to commit persons charged with such crimes. Accordingly, the immigration officer shall contact an Assistant United States Attorney to arrange for an initial appearance.
(vii) The use of threats, coercion, or physical abuse by the designated immigration officer to induce a suspect to waive his or her rights or to make a statement is prohibited.

... and ...

(f) Site inspections.
(1) Site inspections are Border and Transportation Security Directorate enforcement activities undertaken to locate and identify aliens illegally in the United States, or aliens engaged in unauthorized employment, at locations where there is a reasonable suspicion, based on articulable facts, that such aliens are present.
(2) An immigration officer may not enter into the non-public areas of a business, a residence including the curtilage of such residence, or a farm or other outdoor agricultural operation, except as provided in section 287(a)(3) of the Act, for the purpose of questioning the occupants or employees concerning their right to be or remain in the United States unless the officer has either a warrant or the consent of the owner or other person in control of the site to be inspected. When consent to enter is given, the immigration officer must note on the officer's report that consent was given and, if possible, by whom consent was given. If the immigration officer is denied access to conduct a site inspection, a warrant may be obtained.
(3) Adequate records must be maintained noting the results of every site inspection, including those where no illegal aliens are located.
(4) Nothing in this section prohibits an immigration officer from entering into any area of a business or other activity to which the general public has access or onto open fields that are not farms or other outdoor agricultural operations without a warrant, consent, or any particularized suspicion in order to question any person whom the officer believes to be an alien concerning his or her right to be or remain in the United States.
(g) Guidelines. The criminal law enforcement authorities authorized under this part will be exercised in a manner consistent with all applicable guidelines and policies of the Department of Justice and the Department of Homeland Security

This is just a relatively small portion.
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Thank you!
 
TOP said:
Well if you have something to hide then you probably have something to worry about... There are many
Other ways as you know the determine if someone is here illegally.... Refusing to cooperate just makes the process a little longer....
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I can tell you that longer matters to many of these people, and often it prevents their deportation. But I’m glad I taught you something about our constitution.
 
TOP said:
So what do you suggest? and what overly aggressive measures are you seeing?
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I suggest a two fold process. One, deporting those who come into contact with the system or are found to be in violation of a law to have the deportation process begin. Two, amend the law to allow those here already (priority to those who were brought here illegally under the age of 18) to give illegals who have no criminal record to a process of becoming legal or citizens without having to go back to their country of origin first.

I also strongly encourage new safeguards and criminal prosecutions to protect people seeking green cards or citizenship from immoral and lawyers who are taking advantage of them. This is rampant in the legal profession and is largely overlooked, because the people paying these lawyers are afraid of complaining.
 
Jarod said:
I suggest a two fold process. One, deporting those who come into contact with the system or are found to be in violation of a law to have the deportation process begin. Two, amend the law to allow those here already (priority to those who were brought here illegally under the age of 18) to give illegals who have no criminal record to a process of becoming legal or citizens without having to go back to their country of origin first.

I also strongly encourage new safeguards and criminal prosecutions to protect people seeking green cards or citizenship from immoral and lawyers who are taking advantage of them. This is rampant in the legal profession and is largely overlooked, because the people paying these lawyers are afraid of complaining.
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Fuck no. If you got here illegally get the fuck out. You want in then start over. There should be no reward for illegal activity
 
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A criminal record is not necessary to deport illegals.

"

What happens if you cross the U.S. border illegally?​


What happens if you get caught crossing the border? The laws surrounding Improper Entry into the U.S. are found in 8 U.S. Code § 1325, as well as the Immigration and Nationality Act. They outline what constitutes crossing the border illegally, as well as the punishments associated with doing so.


The federal statute outlines two important terms: Unlawful Entry, and Unlawful Presence.


Unlawful Entry​


A person is considered to have unlawfully or improperly entered the U.S. if they:


  • Enter the U.S. at a location with no immigration officers present, or at a non-designated point of entry
  • Enter the U.S. without being examined or inspected by immigration officers
  • Enter the U.S. based on false information or falsified documents
  • Enter the U.S. while knowingly concealing facts or materials
  • https://www.guzman.law/crossing-the-border-illegally/
 
Jarod said:
I suggest a two fold process. One, deporting those who come into contact with the system or are found to be in violation of a law to have the deportation process begin. Two, amend the law to allow those here already (priority to those who were brought here illegally under the age of 18) to give illegals who have no criminal record to a process of becoming legal or citizens without having to go back to their country of origin first.

I also strongly encourage new safeguards and criminal prosecutions to protect people seeking green cards or citizenship from immoral and lawyers who are taking advantage of them. This is rampant in the legal profession and is largely overlooked, because the people paying these lawyers are afraid of complaining.
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Lawyers can't take advantage of people who aren't trying to skirt the system.... Are you insinuating that there are lawyers who are mimicking the cartel? Your first suggestion is what's going to happen initially and should have been happening all along... get rid of the criminals... No amending the law for people Who don't have any proper documentation at all... I would be okay with giving extra time to people who have temporary status or have Actually started the process of becoming legal or a citizen ... Unfortunately, Joe let things get Way out of control so there is going to be a group of people who Are unfortunately going to have to go...
 
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