Thread: Authority Citizen Arrest Illegal Aliens

I have an interesting question to ask and maybe on this board an attorney might know the answer.

If it is a criminal or civil offense for an illegal alien to be in the US illegally can a private person arrest that person and turn them over to the proper authorities.

Background on my question: In Arizona as in many other states a private person also known as a citizen may make an arrest of a person who has committed a crime in their presence or a felony has been committed and based on belief the person before you is the one who committed that felony you may make an arrest. That means any breach of the peace committed in your presence such as disorderly conduct, ect.

Arizona Revised Statute:

13-3884. Arrest by private person

A private person may make an arrest:

1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.

2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.


13-3889. Method of arrest by private person

A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, unless he is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the person making the arrest has opportunity so to inform him, or when the giving of such information will imperil the arrest.

13-3900. Duty of private person after making arrest

A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest was made, or deliver him to a peace officer, who shall without unnecessary delay take him before such magistrate. The private person or officer so taking the person arrested before the magistrate shall make before the magistrate a complaint, which shall set forth the facts showing the offense for which the person was arrested. If, however, the officer cannot make the complaint, the private person who delivered the person arrested to the officer shall accompany the officer before the magistrate and shall make to the magistrate the complaint against the person arrested.


13-3854. Arrest without a warrant

The arrest of a person may be lawfully made also by any peace officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in section 13-3853, and thereafter his answer shall be heard as if he had been arrested on a warrant.

13-3896. Arrest after escape or rescue; method of recapture

A. If a person lawfully arrested escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and retake him without a warrant at any time and in any place within the state.

B. To retake the person escaping or rescued the person from whose custody he escaped who is lawfully pursuing may use the same means as are authorized for an arrest.

13-3892. Right of private person to break into building

A private person, in order to make an arrest where a felony was committed in his presence, as authorized in section 13-3884, may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be, if he is refused admittance after he has announced his purpose.

You can make a citizens arrest of anyone, for any law violation, in most states.

They can also sue you for false arrest if things don't work out,
such as a local, state or federal officer or agency fails to take custody of them,
or if the court rules that they aren't an illegal alien.

You might get arrested and/or sued for false imprisonment or kidnapping too.

I'm sure that this is a good thought, but I would like to look into the possibility of citizens requesting grand juries to prosecute for certain crimes. No I am not talking about the Citizen grand juries and indictments which are only a symbolic statement. I have read, however, that a citizen can go to a judge with the facts of a case and request that a grand jury take the case up. The Grand Jury can issue an indictment and also require a prosecutor to prosecute the case.

I am not sure if this is equally true under both federal law and the laws in each and every state. But it certainly would be an effective tool, when the governments seem to be either reluctant or too busy to prosecute crimes. And in some districts perhaps even those elected officials who thumb their nose at the law, having calculated that it will never catch up with them, would be in for a rude awakening.

it is easier for Mexicans with a beef against a foreigner to do citizens arrest to start deportation there.

[b] Mexican Constitution knows what to do with illegals and citizen arrests:

[i] - Article 11 guarantees federal protection against “undesirable aliens resident in the country.â€

Originally Posted by Richard

it is easier for Mexicans with a beef against a foreigner to do citizens arrest to start deportation there.

Huh? Once again I am failing to understand you. Are you saying that it is easier to do a citizens arrest initiating deportation of illegals in the nation of Mexico?

Or are you saying that it is easier for U.S. citizens of Mexican descent to infiltrate the community and find the illegals and deport them?

Are you saying only those that Mexicans have a "beef" against? In the US? Or in Mexico?

Originally Posted by Arizonaman2008

I have an interesting question to ask and maybe on this board an attorney might know the answer.

If it is a criminal or civil offense for an illegal alien to be in the US illegally can a private person arrest that person and turn them over to the proper authorities.

Background on my question: In Arizona as in many other states a private person also known as a citizen may make an arrest of a person who has committed a crime in their presence or a felony has been committed and based on belief the person before you is the one who committed that felony you may make an arrest. That means any breach of the peace committed in your presence such as disorderly conduct, ect.

Arizona Revised Statute:

13-3884. Arrest by private person

A private person may make an arrest:

1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.

2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.


13-3889. Method of arrest by private person

A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, unless he is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the person making the arrest has opportunity so to inform him, or when the giving of such information will imperil the arrest.

13-3900. Duty of private person after making arrest

A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest was made, or deliver him to a peace officer, who shall without unnecessary delay take him before such magistrate. The private person or officer so taking the person arrested before the magistrate shall make before the magistrate a complaint, which shall set forth the facts showing the offense for which the person was arrested. If, however, the officer cannot make the complaint, the private person who delivered the person arrested to the officer shall accompany the officer before the magistrate and shall make to the magistrate the complaint against the person arrested.


13-3854. Arrest without a warrant

The arrest of a person may be lawfully made also by any peace officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in section 13-3853, and thereafter his answer shall be heard as if he had been arrested on a warrant.

13-3896. Arrest after escape or rescue; method of recapture

A. If a person lawfully arrested escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and retake him without a warrant at any time and in any place within the state.

B. To retake the person escaping or rescued the person from whose custody he escaped who is lawfully pursuing may use the same means as are authorized for an arrest.

13-3892. Right of private person to break into building

A private person, in order to make an arrest where a felony was committed in his presence, as authorized in section 13-3884, may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be, if he is refused admittance after he has announced his purpose.

Entering for the first time is not considered a criminal act, it's a civil violation. So, according to what you provided, I don't think you can make an citizens arrest for illegal entry. However, along the border I have heard of a private citizen (rancher) who has held illegal aliens for BP. I believe the rancher held them as trespassers, not illegal aliens. If I remember correctly the rancher did end up getting sued in civil court and was forced to pay X amount of dollars. Perhaps someone who remembers the case can provide the news story.

Now, an illegal that returns without authorization after being deported has comitted a felony. I suppose you could make a citizens arrest in such a case. Although, be advised, you had better be 100% sure before you take such drastic measures because, as John Doe implied, if you're wrong, you will most definitely be in for a world of hurt. Personally, I don't think the potential rewards are worth the risk.

Disclaimer: I'm not an authority on this subject matter, I'm only providing my opinion.

Here's the story about rancher Roger Barnett who detained the IAs for BP:

http://www.wnd.com/?pageId=89295

Originally Posted by Populist

Here's the story about rancher Roger Barnett who detained the IAs for BP:

http://www.wnd.com/?pageId=89295

Thanks, Populist. I knew someone with more initiative then I would find it.

Happy to help and you're welcome MW.