Citizen arrest is allowed for any felony committed in front of a person. If a citizen sees a previously deported alien then can the citizen arrest the alien since under 18 USC 1326. the re-entry of removed aliens is a felony with up to 2 years in jail?
You can verify whether an alien has a warrant of deportation by calling 1-800-898-7180 and entering the Alien Registration Number.
Maybe if there were more citizen arrests, then ICE would be embrassed into doing it's job!
2007-07-24 14:15:59 · 9 answers · asked by Anonymous in Politics & Government ➔ Immigration
There are many ways to get the alien registration number. One is to ask for it. Another is to check their I-9 form.
You can also go down to your local immigration court and see the names and A#s posted on the schedule.
The hearings are open to the public. But there are no bailiffs or ICE agents there to take the aliens into custody after the judge orders them deported. A Concerned citizen could follow the alien out of the court room and then do a citizens arrest!
2007-07-24 15:37:03 · update #1
I think it is time for "test cases" in this matter.
If a Patriot was in the court room and ordered the alien deported and the alien fled, sounds like a good "citizen arrest" test case!
2007-07-24 15:41:39 · update #2
Another situation is the alien hiding in the church. While ICE is too cowardly to go in and get them, a citizen could do it!
2007-07-24 15:42:50 · update #3
The elements of the law are that they previously deported or refused entry and are present in the USA without permission. You do NOT have to see the alien cross the border! Please read the law!
2007-07-24 15:56:11 · update #4
Do you mean sort of like "BOUNTY HUNTER'S" ? HMMMMMM, You bring up a very interesting point my friend ;) An actual solution... I LOVE IT ! Genius ! I think you are onto something, I'm from NY but, I think the "Texan's" would be the people to call in for this one, the work would be done very quickly, I'm sure !
2007-07-24 14:26:06 · answer #1 · answered by Anonymous · 1⤊ 1⤋
A citizen's arrest is an arrest performed by a person acting as a civilian, as opposed to a sworn law enforcement officer. In common law jurisdictions, the practice dates back to medieval England and the English common law, when sheriffs encouraged ordinary citizens to help apprehend law breakers.
Different countries have different laws.
800 number you mention only gives record of alien with Executive Office for Immigration Review. It does not mention any appeal with the appellate court subsequently or whether actual warrant of deportation/removal has been issued or not.
2007-07-24 14:24:43 · answer #2 · answered by Raja 4 · 0⤊ 0⤋
First, you have to determine if his re-entry has been legal or not. In some cases, people who were previously deported can be legally admitted to the country.
Citizen arrests are a nice idea, but useful in only limited circumstances. And one has to be careful that citizen arrest is not turned into vigilanteism and that the rights of others are not abused.
2007-07-24 14:20:32 · answer #3 · answered by tamarindwalk 5 · 0⤊ 1⤋
You can -- but citizens arrest is only an affirmative defense. Which means you can still be sued or arrested for what you do, even if you eventually win the trial.
BUT -- also in many states, citizens arrest only applies to the prevention of violent crimes. So, it would not apply if the crime was already completed (the entry was made) or if the entry was non-violent.
2007-07-24 14:19:42 · answer #4 · answered by coragryph 7 · 2⤊ 0⤋
In order to citizen arrest, you need to observe the crime, meaning you need to OBSERVE the person re-entering the country. It's not a felony to be in the country, it's a felony to re-enter. So unless you observe them re-entering at the border, you haven't observed the crime itself and therefore you can't citizen arrest.
2007-07-24 15:47:43 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I believe a citizen's arrest is only good for testimony, not for an apprehension of someone who is not wanted.
2007-07-24 14:21:11 · answer #6 · answered by Anonymous · 1⤊ 0⤋
How are you...as a citizen...going to get the alien registration number of the person you suspect of being an illegal alien, especially if the person is not willing to give it to you??
I am anti-illegal alien...merely curious...
2007-07-24 14:19:14 · answer #7 · answered by toe_crap 3 · 2⤊ 1⤋
Yes you can but you must be cautious in doing so, don't over step the bounds of what the law permits you to do.
2007-07-24 15:44:04 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Criminal Records Search Database : http://CriminalRecords.InfoSearchDetective.com
2015-01-27 22:07:28 · answer #9 · answered by Betty 1 · 0⤊ 0⤋