Thread: PWC, VA: The Rule Of Law Resolution Gets Tougher

The Rule Of Law Resolution Gets Tougher
By Greg L | 2 June 2008 | Illegal Aliens, Prince William County | 23 Comments

The draft of General Order 45.01 http://www.helpsavemanassas.org/index.p ... resolution that will be presented to the Prince William Board of County Supervisors has been released to the press in advance of tomorrow’s Board meeting, and it will absolutely be a crushing disappointment to the local open borders lobby who were hoping that the implementation of the Rule of Law would be relaxed in any way. For those citizens hopeful that the Rule of Law Resolution would remain strong, their wishes have not only come true, but have been exceeded. This General Order toughens the Rule of Law Resolution, and will undoubtedly put additional pressure on illegal aliens to cease their unlawful presence in Prince William County.

Prior to the recent changes, police were required to meet a probable cause standard before asking a suspect about their immigration status that they were going to place into custody. Now, all suspects that are arrested will have their immigration status checked, not just those whose circumstances meet a probable cause standard. For those who are not arrested, when probable cause exists police are required to ask about immigration status, exactly like before, and the information regarding their contact with the suspected illegal alien will be reported to the Department of Homeland Security after the encounter.

From the draft order:

[quote]Any time an officer has probable cause to believe a person is in violation of federal immigration laws, a Field Interview Card shall be completed with as much information as possible and forwarded to the Crime Analysis Unit who in turn shall forward the information to the ICE LESC. However, whenever a police offense report (PD 211) is written either for a “Criminal Immigration Arrestâ€

We need some of THAT here in NC!

Rule of Law . A great victory against the Illegal immigrate and their Leftwing Funded Foundations .
I pray other U.S cities can use this law and follow suit .

Those under the impression that suspected illegal aliens would soon entirely escape the attention of the police will be very disappointed here.


And why would they be under such an impression? Because that's what THEY want and demand?



I can’t wait to see how the illegal alien lobby and their friends in the mainstream media react to this. They’re going to go ballistic. Tomorrow’s meeting of the Board of County Supervisors is going to be a lot of fun to watch, and I can’t wait to see the editorial board of the Washington Post start sputtering about how they didn’t think this was going to happen




Is it going to be broadcast? The last one provided hours of entertainment.

I wonder if we will once again be treated to the screaming, yelling, weeping, wailing, cussing and threats of the last one?

Will they boycott and caravan again? Oh wait....silly me. Of course they will since the last boycotts and caravans were so wildly successful

PW County Revises Immigration Check Rules

Last Edited: Tuesday, 03 Jun 2008, 9:39 PM EDT
Created: Tuesday, 03 Jun 2008, 9:39 PM EDT

Prince William County, Virginia currently checks the status of people suspected in gang activity or serious crimes. Under Deane's proposal, police will check the status of suspects in traffic violations, shoplifting or other misdemeanors if there is probable cause to believe they are in the country illegally and if it will not increase the amount of time they are detained. SideBar


WOODBRIDGE, Va. (AP) -- A revised illegal-immigration policy will require Prince William County police to check the citizenship status of every person they arrest.

Police Chief Charlie Deane presented the revised policy Tuesday. The citizenship check for everyone arrested comes after concerns that a previous policy could have led to racial profiling.

The 500-member police force must be trained on the policy and procedures before the changes take effect. Officials hope to have the training complete by the end of June.

In October, the Board of County Supervisors ordered police to check the immigration status of any suspect if there was probable cause to believe the person was in the country illegally.

The revised policy says no one will be arrested for the sole purpose of checking citizenship status. Also, police will retain the discretion to inquire about immigration status before an arrest.


www.myfoxdc.com

Deane clarifies immigration policy

By Cheryl Chumley
insidenova.com

Published: June 4, 2008

Black, brown, white or otherwise—no matter the skin tone or ethnic background, if you're arrested in Prince William County, your immigration status will be checked.

That's the enforcement intent of police, as explained by police Chief Charlie T. Deane in a press conference Tuesday, just minutes after he presented a brief immigration policy update to supervisors at the McCoart Administration Center about 2:30 p.m. The nature of both the board presentation and press conference was to clarify how an April 29 immigration policy change initiated by supervisors would play at the police level.

"If someone is arrested, their immigration status will be checked," Deane said.

That basic tenet of the county's immigration policy will go into effect at the latest by July 1, after all police have received the one-to-two hour blocks of training. Prior to that, Deane clarified, immigration status was checked when two distinct criteria were met: a "violation of law and probable cause" to suspect illegal residency, he said.

The April 29 policy change, when combined with the upcoming police enforcement—which comes by way of General Orders 45-01 and 45-02—will allow officers the easiest means of implementing law with the lowest threat level of lawsuit, said Chairman Corey Stewart, R-at large, who held his own press conference just prior to the board meeting, at 1:30 p.m.

"This change does lower the possibility for racial profiling and lessens the possibility of unjust legal charges," he said.

A police press release explains other nuances of the enforcement plan: "The basic difference in [this] policy will be the required state at which police officers will inquire into the immigration status of individuals," the release reads, in reference to the April 29 board directive for police to check residency at the "post-arrest" stage.

"However," the release continues, "police officers will retain the discretion to make inquiries prior to arrest consistent with the law and sound policing practices." Further, the Criminal Alien Unit's six trained detectives will continue their mission of "focus[ing] on serious criminal activity that involves illegal aliens," Deane said to board members.

The gist is this: While police will check the immigrant status of all taken into physical custody, they will also retain the authority to check residency status when reasonable suspicion compels.

Deane, in his press conference, said the differences between reasonable suspicion and probable cause were topics best handled by lawyers and the court system. He did offer one scenario of how that standard might work on the street, however.

"If an officer stopped someone … for a traffic violation, and the officer has reason to believe the individual has given a false name," Deane said, "the officer has the authority to, and would be likely to do, an immigration inquiry."

As for the clearer-cut provision of checking immigration status of all those taken into physical custody—Vice Chairman John Stirrup, R-Gainesville, asked Deane for a layman's definition to help the public better understand the significance of the term and why physical custodial arrest does not necessarily lead to incarceration.

"Half the people we physically arrest are released at the magistrate level," often on bond, Deane said. "Physical arrest … [is] we put cuffs on them and take them to the magistrate."

Where they go from there is the magistrate's decision, Deane explained.

The loophole the April 29 amendment closes is this: If checks are only performed at the jail, as prior policy required, then untold numbers of illegal immigrants could have sidestepped law when the magistrate set them free on bail.

In brief, numbers presented during Deane's conference indicated that between March 3 and May 30, a total of 265 individuals were contacted by police on suspicion of illegal alien status. Of that, 138 were placed in physical custodial arrest; 59 were released on summons; 66 were identified and set free without charge; and two were identified and confirmed legal residents.

Staff writer Cheryl Chumley can be reached at 703- 670-1907.

http://www.insidenova.com/isn/news/loca ... icy/16505/