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

Janet Napolitano has taken it upon herself to change the 287g program passed by congress, they are now only allowed to check immigration status when booked into jail for a crime/

Rep. Lamar Smith is fighting this saying it was not the intent of the law( he wrote the bill)....but of course Obama and Janet are not paying any attention, even tough their job is not to make law but too enforce it.

As far as a Judge goes I would think they could ask anything...but will they? they also are protecting illegal aliens!

Yes from the Memorandum of Agreement signed by the local LEA with the DHS civil judges are precluded as acting as Immigration Agents and as such from asking the immigration status of either party as its not relevant to the merits of the case at hand before them.

EXCEPT in the opening statements of the complaint to establish jurisdiction in the civil venue there are statements to the effect of:

Plaintiff is a citizen of the US and a resident of 'X' County and Defendant is a citizen of the US and a resident of 'X' County...

In my case the Defendant was NOT a citizen of the US and was an illegal resident of 'X' County, to which the Defendant refuted my claim and claimed he legally resided in 'X' County.

So there were conflicting statements which the judge was OBLIGATED to hear and the Defendant was obligated to either produce a valid Green card or a LPR I-94 immigration form, neither of which he had. This issue had nothing to do with the merits of the case at hand but because of standard wording to establish court jurisdiction I was able to get it out.

Didn't matter as the Defendant was already deported due to the dilligence of the local LEO who referred my complaint to the DHS who deported him prior to the hearing date.

I won my case as a hollow victory by his no show at the hearing for Summary Judgement but my alterior motive was to get him deported which I prevailed.

Hey a 'W' anyway you can get it!