Thread: 287(g) rules: Can a judge order an illegal to be checked?

OK we're in the CIVIL arena now. Most everybody knows that a LEO can have a suspected illegal checked via 287(g) when arrested.

My question takes the authority one step further:

I had to sue an illegal for fraud in CIVIL court and the initial standard statement on the complaint states the plaintiff's/defendant's citizenry & residence status. I accused the defendant of being an illegal alien, which of course, he denies.

So if there is a difference does anyone know if the civil judge can demand the defendant produce his Green Card? Of course Wake Co. has the 287(g) authority which will only take a matter of minutes to verify.

What code is part 287(g) in anyway? I plan on knowing before I go into court so as to DEMAND the court verify it if allowed.

I'm tired of babying the illegals. Thanks.

L.B.

I think its up to the judge but you should contact an attorney.

By way of an attorney I would request the information by subpoena somehow and enter it into the case record.

What a fight you have, the best to you.

Yes, of course I have an attorney but I can tell he's more interested in the merits of the case. The resident status is more where I'm focused at. There's a 'care and feeding' procedure for attorneys so as not to damage their incredibly frail egos. Attorneys always want to appear to be 'in charge' and have difficulty with strong willed clients. Forget about the fact that the client butters their bread. If I can have the defendant deported, I win. All I need is the judge to order him checked out by the Sheriff. Here's what I found:

There's a written agreement (MOA) between the Feds and the State or political subsidision (County) which provides the authority for enforcing immigration. As far as I can tell 287(g) is a section of 8 USC 1357(?) and is modified in PL 104-208 signed into law, interestingly enough, by Clinton on Sept 30, 1996. PL 104-208 is 750 pages on the web and here's the link:

http://www.ustreas.gov/offices/enforcem ... 04_208.pdf

On Page 547 Division C is called the 'Illegal Immigration Reform and Immigrant Responsibility Act' more commonly referred to IIRIRA or 'Ireera' phonetically. Title 1, Subtitle C. addresses Interior Enforcement with Section 133 focusing on ACCEPTANCE OF STATE SERVICES TO CARRY OUT IMMIGRATION ENFORCEMENT.

Stay with me now. 287(g) is addressed on pg. 564 as follows:

Section 287 (8 U.S.C. 1357) is amended by adding at the end the following:
‘‘(g)(1)... the Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to the extent consistent with State and local law."

That gives the political subdivision (County) the immigration enforcement authority so feared by the illegals. The MOA signed by the County addresses specifically who can order a suspect checked. I'm hoping a county judge has that authority. I'm requesting a copy of the MOA tomorrow and am expecting resistance in having it provided. In just asking the 'jailbirds' down there some 'supervisor' in charge of the program told me "no" when asked if a civil judge can order a suspect checked out...but then they lie a lot too. In reality it'll be an uphill battle to convince the judge they're 'qualified to perform the function of an immigration officer' as stated in the paragraph above.

So if you stayed with me this long you qualify as a jailhouse lawyer. I could never be a 'real' one. More later...
L.B.

I would contact the Attorney General's Office and ask what the state is doing about illegals pretending to be legal citizens and entering contracts on this pretense.

As AG, 'Cowering Coop' lacks the resolve and political fortitude to do what's needed. Remember that at election time.

As far as the Memorandum of Agreement (MOA) between the DHS (ICE) and the local sheriff's I found it on line. Here's the portion of the text I was looking for:

MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (MOA) constitutes an agreement between United States Immigration and Customs Enforcement (ICE), a 'component of the Department of Homeland Security (DHS), and the (in this case) Gaston County (North Carolina) Sheriff's Office.

NOTE: They're the same as for the Wake Co. Sheriff's or the Durham Police Dept...etc.

V. DESIGNATION OF AUTHORIZED FUNCTIONS

For the purposes of this MOA, participating LEA personnel will be authorized to perform the following functions pursuant to the stated authorities, subject to the limitations contained in this MOA:

• The power and authority to interrogate any person believed to be an alien as to his right to be or remain in the United States (INA § 287(a)(I) and 8 C.F.R. § 287.5(a)(I» and to process for immigration violations those individuals who are convicted of State or Federal felony offenses;

• The power and authority to serve warrants of arrest for immigration violations pursuant to 8 C.F.R. § 287.5(e)(3);

So contrary to popular belief it appears the Sheriffs have the authority to interrogate any person believed to be an alien and ask as to his right to remain in the country! Apparently they CHOOSE not to enforce their responsibility maybe???

Think I'll have a chat w/ the Sheriff tomorrow...

Oh BTW my illegal 'friend' apparently has an immigration hearing in Atlanta next month. He was finally 'invited' by the local LEO! If he misses it for any reason he'll be considered a fugitive alien and in deeper trouble! The local LEO can do it if they want to.

Fighting illegal immigration one illegal at a time!

Everyone should call their sheriff and asked what their policy is.

There are only about 70 districts of 3,000 in the country that use 287g Program. Just the kind of environment for illegal aliens to thrive.

Well to conclude this thread I am happy to announce that my illlegal 'friend'/ex-business partner is happily wasting away back in the old country facing those he defrauded. He was recently deported. Ha Ha Ha.

Thanks to one local DMV LEO who befriended me and did their job. He was checked out and recommended to DHS as having an immigration issue with an expired 90 day tourist visa some 10 years expired.

No appeal, no mercy. Gone back to Eastern Europe. Inelligible for another Tourist Visa for 10 years.

The question of the thread of whether a civil judge can request what I was looking for - an immigrqtion check on a civil defendant - was answered in the negative. Even a judge can't go there and that's scary....but if I owed a student loan whooo-boy I'd be sure as he!! checked out. Scary.

But we have one less illegal fraud in the US today.

LegalBeagle: Way to go!

As far a I know, the authority of law enforcement to question the Immigration status of someone is restricted to Law Enforcement personnel, District Attorneys, and Criminal Court Judges. I am not aware of any authority that a civil judge would have to compell a respondent to prove their status in the U.S.