Thread: For some California sheriffs, it's not politics stopping them from fully helping ICE:

Federal court rulings, including one in Oregon where a judge found that police violated a woman’s constitutional rights by keeping her in jail at ICE’s request, have left California’s law enforcement officials worrying that they could expose themselves to legal troubles for doing the same.

Wish I had a dollar for each time a judge has ruled against immigration enforcement in one form or another. Well, maybe ICE can hurry up now and get to the jails earlier since they aren't restrained anymore under Obama.

The solution to that is to release them all in big bus loads in front of the Judges homes. Those neighborhoods should be nice pickings for them.

Come on Americans!!

GET SMART, LETS FIX THIS!!

Why can't the government issue a 'warrant' and then surely the sheriffs would be legal to hold on a warrant??

That does sound simplistic and I know very little about the law - but somehow I think these sheriffs are just trying to find excuses.

But - who knows.

Originally Posted by nntrixie

Why can't the government issue a 'warrant' and then surely the sheriffs would be legal to hold on a warrant??

That does sound simplistic and I know very little about the law - but somehow I think these sheriffs are just trying to find excuses.

But - who knows.

No sheriff is going to admit that anything they do is based on politics.

As for an arrest warrant, I believe you have to go before a judge and present probable cause before an arrest warrant can be obtained. I suspect this can be a hassle and probably a little time consuming. Let's say, for example, ICE is notified at 1:00 p.m. that and illegal is being released from jail at 4:00 p.m. Seems to me that a 3 hour window may not be enough time to properly obtain the necessary warrant.

Originally Posted by nntrixie

Why can't the government issue a 'warrant' and then surely the sheriffs would be legal to hold on a warrant??

That does sound simplistic and I know very little about the law - but somehow I think these sheriffs are just trying to find excuses.

But - who knows.

Only a judge can issue a warrant.
I.C.E. agents have to local a judge nearby who is available. They then have to go to where the judge is and present their probable cause and get the judge to sign the warrant. One for each person.
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How do you get a warrant?

To obtain a warrant, a police officer typically submits a written affidavit to a judge or magistrate. The affidavit, given under oath, must recite sufficient factual information to establish probable cause that a crime was committed and that the person named in the warrant committed it.
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Rule 4. Arrest Warrant or Summons on a Complaint. (a) Issuance. If the complaint or one or more affidavits filed with the complaint establish probable cause to believe that an offense has been committed and that the defendant committed it, the judge must issue an arrest warrant to an officer authorized to execute it.

Rule 4. Arrest Warrant or Summons on a Complaint | Federal Rules of ...

Oh come on, this is easy stuff. State and local police officers do this every day. They arrest over 12 million people a year.

Police officers can legally make warrantless arrests:

• When the crime is committed in the officer's presence.
  

• If the illegal alien is in jail and about to be released the I.C.E. Agent wasn't present when the illegal alien illegal entered, or re-entered, the country. So they need a warrant to arrest him or her.

They aren't arresting them in the interior for illegal entry, JD2, they're arresting them for illegal presence. They may have entered legally on a visa and over-stayed it. Any illegal alien in the US is committing a crime of illegal presence every second they're in the country. No warrant is required to arrest these people for illegal presence.