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Law at 8
USC:
US Code
as of: 01/05/99
Sec. 1357. Powers of immigration officers and employees
- (a) Powers without warrant
Any officer or
employee of the Service authorized under regulations prescribed by the
Attorney General shall have power without warrant -
- (1) to interrogate any alien or person
believed to be an alien
as to his right to be or to remain in the United
States;
- (2) to arrest any alien who in his presence
or view is entering
or attempting to enter the United States in
violation of any law
or regulation made in pursuance of law regulating
the admission,
exclusion, expulsion, or removal of aliens, or to arrest
any
alien in the United States, if he has reason to believe that the
alien so arrested is in the United States in violation of any
such
law or regulation and is likely to escape before a warrant
can be
obtained for his arrest, but the alien arrested shall be
taken without
unnecessary delay for examination before an officer
of the Service
having authority to examine aliens as to their
right to enter or remain
in the United States;
- (3) within a reasonable distance from any
external boundary of
the United States, to board and search for aliens
any vessel
within the territorial waters of the United States and any
railway car, aircraft, conveyance, or vehicle, and within a
distance
of twenty-five miles from any such external boundary to
have access to
private lands, but not dwellings, for the purpose
of patrolling the
border to prevent the illegal entry of aliens
into the United States;
- (4) to make arrests for felonies which have
been committed and
which are cognizable under any law of the United
States
regulating the admission, exclusion, expulsion, or removal of
aliens, if he has reason to believe that the person so arrested
is
guilty of such felony and if there is likelihood of the person
escaping
before a warrant can be obtained for his arrest, but the
person arrested
shall be taken without unnecessary delay before
the nearest available
officer empowered to commit persons charged
with offenses against the
laws of the United States; and
(5) to make arrests -
- (A) for any offense against the United
States, if the offense
is committed in the officer's or employee's
presence, or
- (B) for any felony cognizable under the
laws of the United
States, if the officer or employee has reasonable
grounds to
believe that the person to be arrested has committed or is
committing such a felony,
if the officer or employee is performing
duties relating to the
enforcement of the immigration laws at the time
of the arrest and
if there is a likelihood of the person escaping
before a warrant
can be obtained for his arrest. Under regulations
prescribed by the Attorney General, an officer or employee of the Service
may carry a firearm and may execute and serve any order, warrant,
subpoena, summons, or other process issued under the authority of the
United States. The authority to make arrests under paragraph (5)(B) shall
only be effective on and after the date on which the Attorney General
publishes final regulations which (i) prescribe the categories of officers
and employees of the Service who may use force (including deadly force)
and the circumstances under which such force may be used, (ii) establish
standards with respect to enforcement activities of the Service, (iii)
require that any officer or employee of the Service is not authorized to
make arrests under paragraph (5)(B) unless the officer or employee has
received certification as having completed a training program which covers
such arrests and standards described in clause (ii), and (iv) establish an
expedited, internal review process for violations of such standards, which
process is consistent with standard agency procedure regarding
confidentiality of matters related to internal investigations.
- (b) Administration of oath; taking of evidence
Any officer or employee of the Service designated by the Attorney General,
whether individually or as one of a class, shall have power and authority to
administer oaths and to take and consider evidence concerning the privilege of
any person to enter, reenter, pass through, or reside in the United States, or
concerning any matter which is material or relevant to the enforcement of this
chapter and the administration of the Service; and any person to whom such
oath has been administered, (or who has executed an unsworn declaration,
certificate, verification, or statement under penalty of perjury as permitted
under section 1746 of title 28) under the provisions of this chapter, who
shall knowingly or willfully give false evidence or swear (or subscribe under
penalty of perjury as permitted under section 1746 of
title 28) to any false statement concerning any matter referred to in this
subsection shall be guilty of perjury and shall be punished as provided by
section 1621 of title 18.
- (c) Search without warrant
Any officer or
employee of the Service authorized and designated under regulations prescribed
by the Attorney General, whether individually or as one of a class, shall have
power to conduct a search, without warrant, of the person, and of the personal
effects in the possession of any person seeking admission to the United
States, concerning whom such officer or employee may have reasonable cause to
suspect that grounds exist for denial of admission to the United States under
this chapter which would be disclosed by such search.
- (d) Detainer of aliens for violation of
controlled substances laws
In the case of an alien who is arrested by a
Federal, State, or local law enforcement official for a violation of any law
relating to controlled substances, if the official (or another official) -
- (1) has reason to believe that the alien
may not have been
lawfully admitted to the United States or otherwise is
not
lawfully present in the United States,
- (2) expeditiously informs an appropriate
officer or employee of
the Service authorized and designated by the
Attorney General of
the arrest and of facts concerning the status of the
alien, and
(3) requests the Service to determine promptly whether or not
to issue a detainer to detain the alien, the officer or employee of the
Service shall promptly determine whether or not to issue such a detainer. If
such a detainer is issued and the alien is not otherwise detained by
Federal, State, or local officials, the Attorney General shall effectively
and expeditiously take custody of the alien.
- (e) Restriction on warrantless entry in case of
outdoor
agricultural operations
Notwithstanding any other provision of
this section other than paragraph (3) of subsection (a) of this section, an
officer or employee of the Service may not enter without the consent of the
owner (or agent thereof) or a properly executed warrant onto the premises of a
farm or other outdoor agricultural operation for the purpose of interrogating
a person believed to be an alien as to the person's right to be or to remain
in the United States.
- (f) Fingerprinting and photographing of certain
aliens
- (1) Under regulations of the Attorney
General, the Commissioner shall provide for the fingerprinting and
photographing of each alien 14 years of age or older against whom a
proceeding is commenced under section 1229a
of this title.
- (2) Such fingerprints and photographs shall
be made available to Federal, State, and local law enforcement agencies,
upon request.
- (g) Performance of immigration officer
functions by State officers
and employees
- (1) Notwithstanding section 1342
of title 31, 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.
- (2) An agreement under this subsection
shall require that an officer or employee of a State or political
subdivision of a State performing a function under the agreement shall have
knowledge of, and adhere to, Federal law relating to the function, and shall
contain a written certification that the officers or employees performing
the function under the agreement have received adequate training regarding
the enforcement of relevant Federal immigration laws.
- (3) In performing a function under this
subsection, an officer or employee of a State or political subdivision of a
State shall be subject to the direction and supervision of the Attorney
General.
- (4) In performing a function under this
subsection, an officer or employee of a State or political subdivision of a
State may use Federal property or facilities, as provided in a written
agreement between the Attorney General and the State or subdivision.
- (5) With respect to each officer or
employee of a State or political subdivision who is authorized to perform a
function under this subsection, the specific powers and duties that may be,
or are required to be, exercised or performed by the individual, the
duration of the authority of the individual, and the position of the agency
of the Attorney General who is required to supervise and direct the
individual, shall be set forth in a written agreement between the Attorney
General and the State or political subdivision.
- (6) The Attorney General may not accept a
service under this subsection if the service will be used to displace any
Federal employee.
- (7) Except as provided in paragraph (8), an
officer or employee of a State or political subdivision of a State
performing functions under this subsection shall not be treated as a Federal
employee for any purpose other than for purposes of chapter 81 of
title 5 (relating to compensation for injury) and sections 2671
through 2680 of title 28 (relating to tort claims).
- (8) An officer or employee of a State or
political subdivision of a State acting under color of authority under this
subsection, or any agreement entered into under this subsection, shall be
considered to be acting under color of Federal authority for purposes of
determining the liability, and immunity from suit, of the officer or
employee in a civil action brought under Federal or State law.
- (9) Nothing in this subsection shall be
construed to require any State or political subdivision of a State to enter
into an agreement with the Attorney General under this subsection.
- (10) Nothing in this subsection shall be
construed to require an agreement under this subsection in order for any
officer or employee of a State or political subdivision of a State -
- (A) to communicate with the Attorney
General regarding the
immigration status of any individual, including
reporting
knowledge that a particular alien is not lawfully present in
the
United States; or
- (B) otherwise to cooperate with the
Attorney General in the
identification, apprehension, detention, or
removal of aliens not
lawfully present in the United States.
================
Regulations at 8
CFR:
PART 287--FIELD
OFFICERS; POWERS AND DUTIES--Table of Contents
Sec.
287.5 Exercise of power by immigration
officers.
(a) Power and authority to interrogate and
administer oaths. Any
immigration officer as defined in Sec. 103.1(q) of
this chapter is
hereby authorized and designated to exercise anywhere in or
outside the United States the power conferred by:
(1) Section 287(a)(1) of the Act to interrogate, without warrant,
any alien
or person believed to be an alien concerning his or her right to be, or to
remain, in the United States, and
(2) Section 287(b) of
the Act to administer oaths and to take and
consider evidence concerning the
privilege of any person to enter,
reenter, pass through, or reside in the
United States; or concerning any matter which is material or relevant to the
enforcement of the Act and the administration of the Immigration and
Naturalization Service.
(b) Power and authority to patrol
the border. The following
immigration officers who have successfully
completed basic immigration law enforcement training are hereby authorized and
designated to exercise the power to patrol the border conferred by section
287(a)(3) of the Act:
(1) Border patrol agents, including
aircraft pilots;
(2) Special agents;
(3) Immigration inspectors (seaport operations only);
(4)
Adjudications officers and deportation officers when in the
uniform of an
immigration inspector and performing inspections or
supervising other
immigration inspectors performing inspections (seaport operations
only);
(5) Supervisory and managerial
personnel who are responsible for
supervising the activities of those
officers listed in this paragraph;
and
(6) Immigration
officers who need the authority to patrol the border
under section 287(a)(3)
of the Act in order to effectively accomplish
their individual missions and
who are designated, individually or as a
class, by the
Commissioner.
(c) Power and authority to
arrest--(1) Arrests of aliens under
section 287(a)(2) of the
Act for immigration violations. The following
immigration officers who have
successfully completed basic immigration law enforcement training are hereby
authorized and designated to exercise the arrest
power conferred by section 287(a)(2) of the Act and in accordance with Sec.
287.8(c):
(i) Border
patrol agents, including aircraft pilots;
(ii) Special
agents;
(iii) Deportation officers;
(iv) Immigration inspectors;
(v) Adjudications
officers
(vi) Supervisory and managerial personnel who are
responsible for
supervising the activities of those officers listed in this
paragraph;
and
(vii) Immigration officers who need the
authority to arrest aliens
under section 287(a)(2) of the Act in order to
effectively accomplish
their individual missions and who are designated,
individually or as a
class, by the Commissioner.
(2)
Arrests of persons under section 287(a)(4) of the
Act for
felonies regulating the admission or removal of aliens.
The following immigration officers who have
successfully completed basic immigration law enforcement training are hereby
authorized and designated to exercise the arrest power conferred by section
287(a)(4) of the Act and in accordance with Sec. 287.8(c):
(i) Border patrol agents, including aircraft pilots;
(ii)
Special agents;
(iii) Deportation
officers;
(iv) Immigration
inspectors;
(v) Adjudications
officers;
(vi) Supervisory and managerial personnel who
are responsible for
supervising the activities of those officers listed in
this paragraph;
and
(vii) Immigration officers who
need the authority to arrest persons
under section 287(a)(4) of the Act in
order to effectively accomplish
their individual missions and who are
designated, individually or as a
class, by the Commissioner with the
approval of the Deputy Attorney
General.
(3) Arrests
of persons under section 287(a)(5)(A) of the Act for any
offense against the United States. The following immigration officers
who have successfully completed basic immigration law enforcement
training are hereby authorized and designated to exercise the arrest
power conferred by section 287(a)(5)(A) of the Act and in
accordance
with Sec. 287.8(c):
(i) Border patrol
agents, including aircraft pilots;
(ii) Special
agents;
(iii) Deportation officers;
(iv) Immigration inspectors (permanent full-time immigration
inspectors
only);
(v) Adjudications officers when in the uniform of
an immigration
inspector and performing inspections or supervising other
immigration inspectors performing inspections;
(vi)
Supervisory and managerial personnel who are responsible for
supervising the
activities of those officers listed in this paragraph;
and
(vii) Immigration officers who need the authority
to arrest persons
under section 287(a)(5)(A) of the Act in
order to effectively accomplish their individual missions and who are
designated, individually or as a
class, by the Commissioner with the
approval of the Deputy Attorney
General.
(4) Arrests
of persons under section 287(a)(5)(B) of the Act for any
felony. (i) Section 287(a)(5)(B) of the Act authorizes
designated
immigration officers, as listed in paragraph (c)(4)(iii) of this
section, to arrest persons, without warrant, for any felony cognizable
under the laws of the United States if:
(A) The
immigration officer has reasonable grounds to believe that
the person to be
arrested has committed or is committing such a felony;
(B)
The immigration officer is performing duties relating to the
enforcement of
the immigration laws at the time of the arrest;
(C) There
is a likelihood of the person escaping before a warrant
can be obtained for
his or her arrest; and
(D) The immigration officer has
been certified as successfully
completing a training program that covers
such arrests and the standards with respect to the enforcement activities of the
Service as defined in Sec. 287.8.
(ii) The following
immigration officers who have successfully
completed basic immigration law
enforcement training are hereby
authorized and designated to exercise the
arrest power conferred by
section 287(a)(5)(B) of the Act
and in accordance with Sec. 287.8(c):
(A) Border patrol
agents, including aircraft pilots;
(B) Special
agents;
(C) Deportation officers;
(D) Immigration inspectors (permanent full-time immigration
inspectors
only);
(E) Adjudications officers when in the uniform of
an immigration
inspector and performing inspections or supervising other
immigration inspectors performing inspections
(F)
Supervisory and managerial personnel who are responsible for
supervising the
activities of those officers listed in this paragraph;
and
(G) Immigration officers who need the authority to
arrest persons
under section 287(a)(5)(B) of the Act in
order to effectively accomplish
their individual missions and who are
designated, individually or as a
class, by the Commissioner with the
approval of the Deputy Attorney
General.
(iii)
Notwithstanding the authorization and designation set forth in
paragraph
(c)(4)(ii) of this section, no immigration officer is
authorized to make an
arrest for any felony under the authority of
section
287(a)(5)(B) of the Act until such time as he or she has been
certified by the Director of Training as successfully completing a
training course encompassing such arrests and the standards for
enforcement activities as defined in Sec. 287.8. Such certification
shall be valid for the duration of the immigration officer's continuous
employment, unless it is suspended or revoked by the Commissioner or the
Commissioner's designee for just cause.
(5) Arrests of persons under section 274(a) of the
Act who bring in, transport, or harbor certain aliens, or induce them to enter.
(i) Section 274(a) of
the Act authorizes designated immigration officers, as listed in paragraph
(c)(5)(ii) of this section, to arrest persons who bring in,
transport, or harbor aliens, or induce them to enter the United States in
violation of law. When making an arrest, the designated immigration officer
shall adhere to the provisions of the enforcement standard governing the conduct
of arrests in Sec. 287.8(c).
(ii) The following
immigration officers who have successfully
completed basic immigration law
enforcement training are authorized and designated to exercise the arrest power
conferred by section 274(a) of the Act:
(A) Border patrol
agents, including aircraft pilots;
(B) Special
agents;
(C) Deportation officers;
(D) Immigration inspectors;
(E) Adjudications officers
when in the uniform of an immigration
inspector and performing inspections
or supervising other immigration inspectors performing
inspections;
(F) Supervisory and managerial personnel who
are responsible for
supervising the activities of those officers listed in
this paragraph;
and
(G) Immigration officers who need
the authority to arrest persons
under section 274(a) of the Act in order to
effectively accomplish their individual missions and who are designated,
individually or as a class, by the Commissioner with the approval of the Deputy
Attorney General.
(6) Custody and transportation of
previously arrested persons. In
addition to the authority to arrest pursuant
to a warrant of arrest in
paragraph (e)(3)(iv) of this section, detention
enforcement officers who have successfully completed basic immigration law
enforcement training are hereby authorized and designated to take and maintain
custody of and transport any person who has been arrested by an immigration
officer pursuant to paragraphs (c)(1) through (c)(5) of this
section.
(d) Power and authority to conduct searches. The
following
immigration officers who have successfully completed basic
immigration law enforcement training are hereby authorized and designated to
exercise the power to conduct searches conferred by section 287(c) of the
Act:
(1) Border patrol agents, including aircraft
pilots;
(2) Special agents;
(3)
Deportation officers;
(4) Immigration
inspectors;
(5) Adjudications
officers;
(6) Supervisory and managerial personnel who are
responsible for
supervising the activities of those officers listed in this
paragraph;
and
(7) Immigration officers who need the
authority to conduct searches under section 287(c) of the Act in order to
effectively accomplish their
individual missions and who are designated,
individually or as a class, by the Commissioner.
(e) Power
and authority to execute warrants--(1) Search warrants.
The following
immigration officers who have successfully completed basic immigration law
enforcement training are hereby authorized and designated to exercise the power
conferred by section 287(a) of the Act to execute a search
warrant:
(i) Border patrol agents, including aircraft
pilots;
(ii) Special agents;
(iii)
Supervisory and managerial personnel who are responsible for
supervising the
activities of those officers listed in this paragraph,
and
(iv) Immigration officers who need the authority
to execute search
warrants under section 287(a) of the Act in order to
effectively
accomplish their individual missions and who are designated,
individually or as a class, by the Commissioner with the approval of the
Deputy Attorney General.
(2) Issuance of arrest warrants
for immigration violations. A
warrant of arrest may be issued only by the
following immigration
officers:
(i) District directors
(except foreign);
(ii) Deputy district directors (except
foreign);
(iii) Assistant district directors for
investigations;
(iv) Deputy assistant district directors
for investigations;
(v) Assistant district directors for
deportation;
(vi) Deputy assistant district directors for
deportation;
(vii) Assistant district directors for
examinations;
(viii) Deputy assistant district directors
for examinations;
(ix) Officers in charge (except
foreign);
(x) Assistant officers in charge (except
foreign);
(xi) Chief patrol agents;
(xii) Deputy chief patrol agents;
(xiii) Associate chief
patrol agents;
(xiv) Assistant chief patrol
agents;
(xv) Patrol agents in
charge;
(xvi) The Assistant Commissioner,
Investigations;
(xvii) Institutional Hearing Program
directors;
(xviii) Area port
directors;
(xix) Port directors; or
(xx) Deputy port directors.
(3) Service of warrant of
arrests for immigration violations. The
following immigration officers who
have successfully completed basic
immigration law enforcement training are
hereby authorized and
designated to exercise the power pursuant to section
287(a) of the Act to execute warrants of arrest for administrative immigration
violations
issued under section 236 of the Act or to execute warrants of
criminal
arrest issued under the authority of the United
States:
(i) Border patrol agents, including aircraft
pilots;
(ii) Special agents;
(iii)
Deportation officers;
(iv) Detention enforcement officers
(warrants of arrest for
administrative immigration violations
only);
(v) Immigration inspectors;
(vi) Adjudications officers when in the uniform of an immigration
inspector
and performing inspections or supervising other immigration inspectors
performing inspections;
(vii) Supervisory and managerial
personnel who are responsible for supervising the activities of those officers
listed in this paragraph;
and
(viii) Immigration
officers who need the authority to execute arrest
warrants for immigration
violations under section 287(a) of the Act in
order to effectively
accomplish their individual missions and who are
designated, individually or
as a class, by the Commissioner, for
warrants of arrest for administrative
immigration violations, and with
the approval of the Deputy Attorney
General, for warrants of criminal
arrest.
(4) Service
of warrant of arrests for non-immigration violations.
The following
immigration officers who have successfully completed basic immigration law
enforcement training are hereby authorized and designated to exercise the power
to execute warrants of criminal arrest for non-immigration violations issued
under the authority of the United States:
(i) Border
patrol agents, including aircraft pilots;
(ii) Special
agents;
(iii) Deportation officers;
(iv) Supervisory and managerial personnel who are responsible for
supervising the activities of those officers listed in this paragraph;
and
(v) Immigration officers who need the authority to
execute warrants
of arrest for non-immigration violations under section
287(a) of the Act in order to effectively accomplish their individual missions
and who are designated, individually or as a class, by the Commissioner with
the approval of the Deputy Attorney General.
(f)
Power and authority to carry firearms. The following immigration officers who
have successfully completed basic immigration enforcement training are hereby
authorized and designated to exercise the power conferred by section 287(a) of
the Act to carry firearms provided that they are individually qualified by
training and experience to handle and safely operate the firearms they are
permitted to carry, maintain proficiency in the use of such firearms, and adhere
to the provisions of the enforcement standard governing the use of force in Sec.
287.8(a):
(1) Border patrol agents, including aircraft
pilots;
(2) Special agents;
(3)
Deportation officers;
(4) Detention enforcement
officers;
(5) Immigration
inspectors;
(6) Adjudications officers when in the uniform
of an immigration
inspector and performing inspections or supervising other
immigration inspectors performing inspections;
(7)
Supervisory and managerial personnel who are responsible for
supervising the
activities of those officers listed in this paragraph;
and
(8) Immigration officers who need the authority to
carry firearms
under section 287(a) of the Act in order to effectively
accomplish their individual missions and who are designated, individually or as
a class, by the Commissioner with the approval of the Deputy Attorney
General.
[59 FR 42415, Aug. 17, 1994, as amended at 62 FR 10390, Mar. 6,
1997]
--- Original Message -----
Janet Reno has violated the 4th ammendent on illegal search and seizure
and
the INS has broken their own CFR rules by using DEADLY
FORCE!
They had no warrant and were not given permission to enter the
home of
Lazaro Gonzalez.
For those who may not know our
Constitution"s Amendments
IV:
The right of the people to be
secure in their persons, houses, papers, and
effects, against unreasonable
searches and seizures, shall not be violated,
and no Warrants shall issue,
but upon probable cause, supported by Oath or
affirmation . .
.
V:
no person shall be deprived of life, liberty or property
without due process
of law . . .
VI:
In all criminal
prosecutions, the accused shall enjoy the right to a speedy
and public
trial, by an impartial jury of the State and district wherein the
crime
shall have been committed . . .
INS RULES
8 CFR PART 287 --
FIELD OFFICERS; POWERS AND DUTIES
(2) An immigration officer may not
enter into the non-public areas of a
business, a residence including the
curtilage of such residence, or a farm
or other outdoor agricultural
operation, except as provided in section
287(a)(3) of the Act, for the
purpose of questioning the occupants or
employees concerning their right to
be or remain in the United States unless
the officer has either a warrant
or the consent of the owner or other person
in control of the site to be
inspected. When consent to enter is given, the
immigration officer must
note on the officer's report that consent was given
and, if possible, by
whom consent was given. If the immigration officer is
denied access to
conduct a site inspection, a warrant may be obtained.
Section 287.3
deals with a waiver that allows INS to inspect vessels and
vehicles within
a "Reasonable distance outside the US Border"
Sec. 287.8 Standards for
enforcement activities
(2) Deadly force.
(i) Deadly force is any
use of force that is likely to cause death or
serious bodily
harm.
(ii) Deadly force may be used only when a designated immigration
officer, as
listed in paragraph (a)(2)(iii) of this section, has reasonable
grounds to
believe that such force is necessary to protect the designated
immigration
officer or other persons from the present danger of death or
serious bodily
harm.
(iii) The following immigration officers who
have successfully completed
basic immigration law enforcement training are
hereby authorized and
designated to exercise the power conferred by section
287(a) of the Act to
use deadly force should circumstances warrant
it:
(A) Border patrol agents, including aircraft pilots;
(B)
Special agents;
(C) Deportation officers;
(D) Detention
enforcement officers;
(E) Immigration inspectors;
(F)
Immigration examiners when in the uniform of an immigration inspector
and
performing inspections or supervising other immigration
inspectors
performing inspections;
(G) Supervisory and managerial
personnel who are responsible for supervising
the activities of those
officers listed above; and
(H) Immigration officers who need the
authority to use deadly force under
section 287(a) of the Act in order to
effectively accomplish their
individual missions and who are designated,
individually or as a class, by
the Commissioner with the approval of the
Deputy Attorney General.
(b) Interrogation and detention not amounting
to arrest.
(1) Interrogation is questioning designed to elicit specific
information. An
immigration officer, like any other person, has the right
to ask questions
of anyone as long as the immigration officer does not
restrain the freedom
of an individual, not under arrest, to walk
away.
(2) If the immigration officer has a reasonable suspicion, based
on specific
articulable facts, that the person being questioned is, or is
attempting to
be, engaged in an offense against the United States or is an
alien illegally
in the United States, the immigration officer may briefly
detain the person
for questioning.
(3) Information obtained from
this questioning may provide the basis for a
subsequent arrest, which must
be effected only by a designated immigration
officer, as listed in §
287.5(c) . The conduct of arrests is specified in
paragraph (c) of this
section.
(c) Conduct of arrests.
(1) Authority. Only designated
immigration officers are authorized to make
an arrest. The list of
designated immigration officers varies depending on
the type of arrest as
listed in § 287.5(c)(1) through (c)(5).
(2) General procedures. (i) An
arrest shall be made only when the designated
immigration officer has
reason to believe that the person to be arrested has
committed an offense
against the United States or is an alien illegally in
the United
States.
(ii) A warrant of arrest shall be obtained whenever possible
prior to the
arrest.
(iii) At the time of the arrest, the designated
immigration officer shall,
as soon as it is practical and safe to do
so:
(A) Identity himself or herself as an immigration officer who is
authorized
to execute an arrest; and
(B) State that the person is
under arrest and the reason for the arrest.
(iv) With respect to an
alien arrested and administratively charged with
being in the United States
in violation of law, the arresting officer shall
adhere to the procedures
set forth in § 287.3 if the arrest is made without
a warrant, and to the
procedures set forth in § 242 .2(c)(2) of this chapter
if the arrest is
made with a warrant.
(v) With respect to a person arrested and charged
with a criminal violation
of the laws of the United States, the arresting
officer shall advise the
person of the appropriate rights as required by
law at the time of the
arrest, or as soon thereafter as practicable. It is
the duty of the
immigration officer to assure that the warnings are given
in a language the
subject understands, and that the subject acknowledges
that the warnings are
understood. The fact that a person has been advised
of his or her rights
shall be documented on appropriate Service forms and
made a part of the
arrest record.
(vi) Every person arrested and
charged with a criminal violation of the laws
of the United States shall be
brought without unnecessary delay before a
United States magistrate judge,
a United States district judge or, if
necessary, a judicial officer
empowered in accordance with 18 U.S.C. § 3041
to commit persons charged
with such crimes. Accordingly, the immigration
officer shall contact an
Assistant United States Attorney to arrange for an
initial
appearance.
(vii) The use of threats, coercion, or physical abuse by
the designated
immigration officer to induce a suspect to waive his or her
rights or to
make a statement is prohibited.
Please in God's name,
do not allow this tragic attack on our civil liberties
go
unpunished.
Janet Reno must resign for her incompetence and inability
to clear interpret
the Constitution and the laws of the USA. Her excuse
will be that Lazaro
Gonzalez was armed which she had absolutely zero proof.
The only people
armed in Lazaro Gonzalez's home were the US Border
Patrol.
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