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Illegal Aliens, Sanctuary Cities and Released Prisoners

posted 5 years ago by chilidoggg (14565)
11 replies | jump to latest

I don't know the answer to this question, but someone should research it.

There's this constant whine from "conservatives" that sanctuary cities don't cooperate with ICE and don't notify them when they're releasing prisoners who are also illegal aliens.

I think ICE can hang out in front of prisons and stop and question every prisoner that's released to determine whether or not he's an illegal alien.

https://www.shouselaw.com/parolehub.html#conditions

California Parole Conditions and Requirements
Once placed on parole, a "parolee" must agree to abide by certain conditions and requirements. Some of the most common parole terms include (but are not limited to):

consenting to be searched at any time with or without a California search warrant and with or without cause

It seems to me that if you can be stopped and searched, you can be stopped and questioned. Especially if you just stepped out of the prison.

Is ICE's current approach just more B.S. to keep the illegals here working cheap and shutting up?

[–] BuckSwope (3511) 5 years ago

Local law enforcement CANNOT enforce FEDERAL LAW.

[–] chilidoggg (14565) 5 years ago

I understand that. I'm talking about something else.

Also, I don't think anyone's rights are being violated if a prison communicates to ICE that they're releasing a prisoner who is an illegal alien. The sanctuary policy is a political issue.

[–] BuckSwope (3511) 5 years ago

That's fine and all but in NO WAY should that prison officer be compelled to do that. That isn't his/her job. What you want is to mandate those officers to enforce a law(s) he/she isn't being paid to enforce.

[–] chilidoggg (14565) 5 years ago

See TexasJack's post below.

I don't think this is any different from a situation where a guy is incarcerated in California, and he also committed a crime in Texas, and Texas wants to put the guy in jail too, so California has to turn over the guy to Texas when he's done in California.

[–] TexasJack (12516) 5 years ago

Not every released prisoner is a parolee. In most cases, the ICE/sanctuary city conflict relates to illegal aliens who are released from custody after an arrest but prior to trial. That is what happened in this recent case from New York:

https://newyork.cbslocal.com/2020/01/15/92-year-old-murder-court-appearance/

[–] Rorikon (18336) 5 years ago

Seems complicated as fuck. No wonder there is so many undocumented roaming about. I hear after they cross the border they're placed in temporary shelters be it homeless or cage camps but then are released into the wilds of the US cities after being held for a certain length since they can't be held indefinitely if they don't pose a threat.

I remember when ICE released like 5-10,000 refugees and the city had to scramble (Texas?) to accommodate them into shelters and such.

[–] TexasJack (12516) 5 years ago

What you're describing is the detainment of asylum seekers who are either apprehended while attempting to cross the border without being detected or who have simply presented themselves at a border crossing and requested asylum.

The ICE detainer process is triggered when a suspected illegal alien already in the interior of the country has been arrested by state/local authorities for another violation of law beyond their immigration offense. That is one of the circumstances that triggers a higher priority for removal proceedings.

It's definitely a complicated situation.

[–] chilidoggg (14565) 5 years ago

"In most cases, the ICE/sanctuary city conflict relates to illegal aliens who are released from custody after an arrest but prior to trial."

OK I can understand that. That makes sense.

Maybe I'm wrong, but I'd swear I've been hearing reports that describe the situation in my OP, i.e. prohibiting wardens and others from communicating with ICE as to prisoner releases.

[–] TexasJack (12516) 5 years ago

I'm sure that's right but my point is those prisoners were only there for a short time. A parolee is someone who was convicted, sentenced, incarcerated for some portion of that sentence and only then released on parole. They would have been incarcerated long enough for ICE to obtain a judicial warrant, which no warden would defy unless they wanted to go to jail themselves. In other words, ICE wouldn't need to make use of the law that you cited in order to take custody of a paroled illegal alien.

[–] chilidoggg (14565) 5 years ago

So is California cooperating with ICE or not?

https://www.msn.com/en-us/news/us/aclu-sues-california-to-block-ice-transfers-reduce-prison-population-amid-coronavirus-outbreak/ar-BB13cw89

"Transfers from California prisons and jails now represent the “primary source of ICE’s new bookings” in the state"

"California’s sanctuary state law severely limits the number of detainees who can be turned over to ICE from California jails and prisons."

[–] chilidoggg (14565) 4 years ago

How hard would it be to put a spy in the prison to communicate to ICE that an illegal alien is going to be released? (and when I say "spy" I mean a lawful corrections officer who could use an "early retirement contribution.")