This Just In...
Kevin Fischer is an award-winning veteran broadcaster who has been seen and heard on Milwaukee TV and radio stations for nearly three decades.
Kevin, who is a legislative aide to state Sen. Mary Lazich (R-New Berlin), can be seen offering his views on the news on the public affairs program, “INTERchange,” on Milwaukee Public Television Channel 10. He lives with his wife, Jennifer, in Franklin.
We know you're an illegal immigrant, but have a nice day
By Kevin Fischer
Friday, Feb 8 2008, 05:50 PM
I don’t claim to be an expert on immigration law but one thing I am pretty clear about is that the United States is partially blame for its out of control illegal immigration problem.
Wisconsin Attorney General A.G. Hollen admits wherever he goes, the topic that is most often brought up by others is illegal immigration. Van Hollen says the public has many questions but so does law enforcement. In an attempt at clarification, Van Hollen earlier this week issued an eight-page manual to help authorities deal with encounters with foreign nationals.
Here’s an excerpt:
Law enforcement officers may not stop vehicles solely on the basis of racial or ethnic profiling simply to question the passengers about immigration or citizenship status. Further, when officer make a lawful stop, they may not ordinarily detain the vehicle’s passengers beyond the period required for disposition of the matter that justified the initial stop.
The United State Supreme Court has held that reasonable suspicion of an INA (Immigration and Nationality Act) violation is not needed in order to ask any lawfully detained individual about his or her immigration status. Thus, there is no 4th Amendment violation if an officer asks the driver of a vehicle that was lawfully stopped about immigration status.
Officers are not obligated by State or Federal law to question individuals about their immigration status. While an officer may ask an individual about his or immigration status during a stop, the individual does not have to respond. Officers have the authority to determine the identity of a driver of the vehicle, including the right to ask for identification necessary to run an NCIC (National Crime Information Center) record check. Officers can run an NCIC record check when individuals are lawfully stopped.
While officers may not compel passengers to identify themselves in most circumstances, officers may ask passengers to provide e information that permits them to conduct an NCIC record check. However, the officer has no recourse if the passenger refuses to provide identifying information. Officers should not request immigration documents, but they may consider immigration documents drivers and passengers provide to them for purposes of conducting an NCIC record check.
Sounds as clear as mud.
Let’s boil it down.
You can’t stop someone based on how they look.
OK.
You can’t stop someone just to ask them about their legal status.
OK.
You can stop someone for a suspected violation and ask about legal status.
But the people inside the vehicle don’t have to answer.
You can do a background check with the NCIC to see if an individual is in the country legally. If you find out the person is an illegal immigrant, the person can’t be detained. So the officer knows the person is in the United States illegally and can't detain him. He' s allowed to leave the scene, and we're fully aware of illegal immigrants who've had encounters with the law, only to be set free to commit more serious crimes.
Does this sound frustrating or what?
Why do we even bother?
There are groups right here in SE Wisconsin that are training illegal immigrants on what to do when confronted by police.
Is it any wonder our nation is bursting at the seams with illegals?
Here is Van Hollen’s entire guide.
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