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Reply #39: Detained pending verification under 8 USC 1373, is the specific language. [View All]

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msanthrope Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-03-11 09:09 AM
Response to Reply #38
39. Detained pending verification under 8 USC 1373, is the specific language.
Edited on Sat Dec-03-11 09:16 AM by msanthrope
Further language specifically excludes the officer from making the determination without verification from the feds.

"Section 12. (a) Upon any lawful stop, detention, or arrest made by a state, county, or municipal law enforcement officer of this state in the enforcement of any state law or ordinance of any political subdivision thereof, where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the citizenship and immigration status of the person, except if the determination may hinder or obstruct an investigation. Such determination shall be made by contacting the federal government pursuant to 8 U.S.C. 1373(c) and relying upon any verification provided by the federal government.

(b) Any alien who is arrested and booked into custody shall have his or her immigration status determined pursuant to 8 U.S.C. 1373(c). The aliens immigration status shall be verified by contacting the federal government pursuant to 8 U.S.C. 1373(c) within 24 hours of the time of the aliens arrest. If for any reason federal verification pursuant to 8 U.S.C. 1373(c) is delayed beyond the time that the alien would otherwise be released from custody, the alien shall be released from custody.

(c) A law enforcement officer shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States. A law enforcement officer may not consider race, color, or national origin in implementing the requirements of this section except to the extent permitted by the United States Constitution or the Constitution of Alabama of 1901." /

There's no provision for ticket writing and later appearance. There's no provision for release from detention within 24 hours without verification from the feds.

And the provision that I bolded is repeated throughout the statute. So a cop can't just look at your papers and let you go--a cop has to run you through SAVE.

I'd love to see the actual ticket. I wonder if it was a simple failure to produce a license, or the like.
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