Thread: Illegal migrants a gray area for local law

http://www.dailypress.com/news/local/wi ... -local-wbg

Illegal migrants a gray area for local law
Incidents with illegal immigrants put police in the crosshairs of federal immigration policy.
BY DANIELLE ZIELINSKI
247-7870
July 15, 2006
WILLIAMSBURG -- Recent incidents involving illegal immigrants in James City County have highlighted confusion faced by local law enforcement agencies about how best to deal with people whose legal status is in doubt.

While living in the United States without documentation is technically illegal, immigration offenses are a federal matter not typically handled by local or state police forces.

Of three incidents handled by James City Police last week, two resulted in detention of immigrants at the Virginia Peninsula Regional Jail, at the instruction of investigators from U.S. Immigration and Customs Enforcement. Two more incidents Thursday resulted in the detention of four more suspected illegal immigrants at the jail.

"It's confusing," said James City Police spokesman Mike Spearman, noting the different responses. "Maybe they're cracking down more - I don't know."

Dave Sloggie, spokesman for the Williamsburg Police Department, said city police encounter illegal immigrants "from time to time." The last case he remembers was a Hispanic worker who died at the Yankee Candle construction site in September 2005, a case that was referred to customs enforcement officials.

"When it comes to that issue of illegal immigration, it's up to the federal government to deal with it," he said.

Ernestine Fobbs, Virginia's public affairs officer for U.S. customs enforcement, said discoveries of illegal immigrants are handled on a case-by-case basis. She said local police are encouraged to call either the nearest customs enforcement office or a law enforcement hotline based in Vermont. "We definitely will do every effort to go out," she said. "Our officers will respond."

She said when police call with the name of a possible illegal immigrant, customs enforcement will run a background check on the individual to try to determine their status and if there is any criminal history. She said the check determines whether the person should be detained or let go.

"It's mandatory that they do come into our custody if they have outstanding warrants (or) something of that nature," Fobbs said.

If the person has no prior record, she said, he or she would likely be given instructions to appear before an immigration judge.

If illegal immigrants fail to show up for the designated court dates, they are then considered a fugitive, and will be detained the next time they are found.

The exception to the rule is if the person was discovered in the process of committing a crime. In that case, police say, the immigrant would be treated like any other offender.

"We don't have a large problem with illegal immigrants (committing crimes) within the city limits," Sloggie said. "From time to time we will pick somebody up and charge them with a crime, just like anybody else."

Commonwealth's Attorney Mike McGinty said the same applies to the court process.

"Unless a person is taken out from under us, we prosecute," McGinty said. "They have the same rights as a citizen would have."

McGinty said his office notifies customs enforcement officials of illegal immigrants charged with crimes, but that the federal agency rarely intervenes. In some cases, depending on the person's status, he said a conviction actually helps customs enforcement by mandating deportation. "It's been our experience," he said, "that if we let the federal authorities know (about illegal immigrants) ... nobody comes to get them."

Just what is this FED LAW that states that 'local law enforcement' canNot participate in enforcing the law concerning ILLEGALS? I've yet to see the exact law[s].......has anyone else seen it?

She said the check determines whether the person should be detained or let go.

Yeah, nice to see catch & release is still thriving, not!