 |
 |
LOCAL LAW ENFORCEMENT OFFICERS NOT OBLIGATED
TO REPORT ILLEGAL IMMIGRANTS TO I.N.S.
by Michael J. Gurfinkel, Esq.
Many illegal aliens are worried that local law enforcement
officers will report or turn them in to the INS. In fact, California
Penal Code Section 834b mandates that local law enforcement officers
in California "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. " Some of law enforcement's
obligations under Penal Code Section 834b are to, "attempt to
verify the legal status of such persons . . ." and notify INS,
"of the apparent illegal status" of the person arrested.
Because of this provision, many illegal immigrants, including
Filipino TNTs (tago ng tago), are sometimes afraid to report minor
crimes to law enforcement authorities. They fear that even if
they are not the suspects, the police might end up investigating
their legal status and report them to the INS. Even a simple traffic
violation brings concern that the arresting police officer may
report them to the INS.
In a legal opinion released last November 26, 2001, the California
State Attorney General, Bill Lockyer said that the mandatory "reporting"
provision of Section 834b has been declared preempted by federal
law and is, therefore, not subject to enforcement by local police
authorities. This opinion was in response to questions submitted
by State Assemblyman Lou Correa.
The exact question and conclusion by the California State Attorney
General are as follows:
"Are the mandatory provisions of Penal Code Section 834b concerning
cooperation, verification, and notification with respect to persons
arrested who are suspected of being present in the United States
in violation of federal immigration laws subject to enforcement
by local law enforcement officers?"
The conclusion of the California State Attorney General is as
follows:
"The mandatory provisions of Penal Code Section 834b concerning
cooperation, verification, and notification with respect to persons
arrested who are suspected of being present in the United States
in violation of Federal law are not subject to enforcement by
local law enforcement officers."
The California State Attorney General cited a 1995 decision by
the U.S. District Court (League of United Latin American Citizens
vs. Wilson) which declared that Penal Code Section 834b has been
preempted by federal laws, and the Court permanently enjoined
or stopped its enforcement.
It must be noted that while local law enforcement officers are
not required to report illegal aliens to INS, the California State
Attorney General said that the U.S. court decision did not stop
police officers from "voluntarily" cooperating with the INS in
reporting illegal immigrants. He said that "federal statutes provide
that state and local governments may not be prohibited from cooperating
with the Immigration and Naturalization Service."
Therefore, although it is not mandatory for local law enforcement
authorities to report illegal immigrants to the INS, the same
laws do not stop them from voluntarily reporting illegal immigrants
to the INS. In light of the September 11 terrorist attacks, it
is possible that local law enforcement agencies will "voluntarily"
be cooperative with INS, regarding illegal aliens.
Although this opinion by the California State Attorney General
states that Penal Code Section 834b is not a mandatory requirement
on law enforcement agencies, nevertheless, if you are in illegal
status, your best (and perhaps ONLY solution) is to find ways
to finally be in legal status. This way, you can live without
fear of being caught, reported to INS, or deported back to the
Philippines. If that happens, all you have sacrificed and worked
for, will be for nothing, and you will have nothing to show for
all those painful years of being separated from your family.
That is why I strongly advise people to seek the advice of a reputable
attorney, who can analyze your situation, to determine if you
do have a legitimate way to legalize your status. Remember, if
you do nothing, then nothing will happen to your situation. Will
you at least try?
Back
to Main
|
|
|
