President Trump's Administration is discussing a Plan with Sheriffs across the Country that is intended to address Fourth Amendment Problems when Local Jails Detain Immigrants past their Release Date on Behalf of Immigration and Customs Enforcement (ICE).
Several Sheriffs told the New York Times about the Legal Maneuver in which sheriffs would become ICE Contractors, and the Jails would be Paid a Daily Fee to hold Immigrants believed to be in the Country Illegally until ICE takes Custody.
ICE Spokeswoman Sarah Rodriguez told the Times that the Agency was Exploring a Number of Options to Address Sheriffs’ concerns, and No Final Decision has been made.
The Times explains the Fourth Amendment Issue:
Sheriffs Enforce Criminal Law, and they can’t make Immigration Arrests because they are Civil in Nature. Because of that difference, Judges have found that Holding Immigrants who have Paid Bail or Served their Sentence is an Unlawful Seizure under the Fourth Amendment.
Sheriff Bob Gualtieri of Pinellas County, Florida, told the Times that he came up with the Reasoning Supporting the Idea and Presented it to ICE. “It’s a seamless transition,” said Gualtieri, who is also a Lawyer. Gualtieri said he was told that the Plan would be rolled out through a Pilot Program in Florida before it is expanded Nationwide.
Omar Jadwat, the Director of the American Civil Liberties Union’s Immigrants’ Rights Project, didn’t think the Plan would satisfy Judges. “It’s a kind of window dressing on the same practice,” he told the Times. “It doesn’t really change the legal analysis.”
According to Federal Criminal code, not until after you have been Adjudicated in Federal Court, not the Administrate Immigration Process, as Unlawfully Present, then Deported, and then Unlawfully Returned are you considered by U.S. Federal Law to be a Criminally Present Alien. Up to that point you have only Violated Civil Law. First step to making someone Unlawfully Present a "Criminal" is to change the U.S. criminal Code. Since Congress cannot agree on how to up date the Immigration Laws, we must abide by what exists today.
The Concept of Cross Deputizing is not new. In 1977, Officers of the Florida Marine Patrol, like the Highway Patrol with boats, were also sworn in as Special Agents of the U.S. Fish and Wildlife Service and of the National Marine Fisheries Service. They enforced all Florida Laws and Regulations with an Emphasis on Boating and Fishing, but also Searched, Seized, Inspected, Arrested, and brought Civil and Administrative Complaints for Violations of Federal Hunting and Fishing Laws and Regulations. They were Trained and Directed to Enforce Federal Laws, and the Federal Regulations Implementing them, such as the Magneson Marine Fisheries Act and the Migratory Game Bird Treaty Act.
So, Sheriffs can Legally enter into Agreements to enforce Federal Laws. Whether or not entering such an Agreement is Smart, Just, or Politically Expedient are entirely Different Questions.
NYC Wins When Everyone Can Vote! Michael H. Drucker
