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

Sadly under current law

"Unlawful presence is not a crime. It is a civil violation."

The 2012 Supreme Court case Arizona vs. United States. The majority opinion found that "as a general rule, it is not a crime for a removable alien to remain present in the United States."

Arizona v. United States
567 U.S. ___ (2012)

https://supreme.justia.com/cases/fed.../opinion3.html

http://www.politifact.com/florida/st...awfully-crime/

The difference between a civil offense and a criminal offense are usually defined by the nature of the offense and the punishment assessed. Civil offenses involve violations of administrative matters.

What Is The Difference Between a Civil Offense and a Crime?


Title 17-A, §4-B: Civil violations - Maine Legislature

All civil violations are expressly declared not to be criminal offenses.

A traffic citation is a civil violation, but you can be arrested on the spot for it, and no warrant is required, Illegal presence is a violation of US immigration law and the response to that is deportation. Deportation is handled by ICE. ICE does not need a warrant to detain someone for deportation who is in our country illegally, i. e. illegal presence. When ICE raids a facility and detains all the illegal aliens, it does not have a warrant for each and every one of them. They are arrested and detained for deportation based on illegal presence.

Can I Be Arrested for a Minor Traffic Violation?

While highly unlikely, the short answer is yes. A police officer may arrest you without an arrest warrant if they have probable cause to believe that you have committed or are committing a crime, or if you have committed a crime in their presence. Thus, if an officer witnesses you committing even a minor traffic violation, they have the option of arresting you. However, this occurs very rarely and is usually only done if an officer is provoked. To avoid giving police a reason to arrest you for a minor violation, such as an infraction, see How to Handle a Traffic Stop.

What Types of Minor Traffic Violations May I Be Arrested For?

You can be arrested for a variety of minor traffic violations, including:

Speeding
Failure to yield
Failing to stop or signal
Failure to obey traffic lights
Invalid registration sticker
Invalid driver's license
Seatbelt violations
Reckless Driving
Broken tail-light or failure to maintain vehicle

An officer will most certainly arrest you for major traffic violations, such as DUI, refusing to stop for police officer, hit and run, and vehicular manslaughter.

Should I Contact an Attorney?

If you have been arrested for a minor traffic violation, chances are you had a disagreement with the officer, or they were just having a bad day. Any time you are arrested, you have the right to an attorney. If you feel that you were falsely arrested, you should contact an attorney immediately. They will be able to help you determine if there was police misconduct. Your attorney will be able to advise you of your rights and help you sue the police if necessary.

http://www.legalmatch.com/law-librar...violation.html

I think the spew about ICE agents needing a warrant to arrest illegal aliens in our country in violation of US immigration law is bunk, probably something the left and pro-illegal alien crowd came up with.

However, if for some cases for some reason you feel you need or prefer a warrant, then .... get one.