City has authority to screen arrestees

As indicated by Elgin's mayor and city council members, there does not seem to be a majority at present in favor of additional immigration training and authority through 287(g).

And besides, the waiting list is about two years. So, what can we do right now? Well, the Elgin police do have "inherent authority" to identify and hold illegal aliens.

And they already know how to do it. This authority is not limited to felonies, nor is it limited to criminal provisions of immigration laws.

From an April 3, 2002, opinion from the U.S. Department of Justice, it is clear state and local police agencies are authorized to investigate and detain individuals suspected of unlawful presence.

Based on that inherent authority the attorney general of New Jersey issued a directive to all law enforcement agencies in the state on Aug. 22, 2007.

That directive to "Applicable to all Agencies and Officers," read thus:

"When a local, county, or state law enforcement officer makes an arrest for any indictable crime, or for driving while intoxicated, the arresting officer or a designated officer, as part of the booking process, shall inquire about the arrestee's citizenship, nationality and immigration status.

"If the officer has reason to believe that the person may not be lawfully present in the United States, the officer shall notify Immigration and Customs Enforcement (ICE) during the arrest booking process."

(Section I.1 Directive #2007-3) Inherent authority is also in use in Colorado where screening has been required by state law since the summer of 2006. Agencies in Butler and Allen counties in Ohio also rely on its authority.

What this means is that the Elgin police can use the Homeland Security database to identify those who are here illegally, then notify immigration that ICE needs to take custody of them. That process could begin tomorrow without any additional cost, training or authority.

At Association for Legal Americans, we encourage the city to apply for 287(g) for the additional training and authority it provides, but let's not sit on our hands and wait. There is no need for that.

Our police department already has inherent authority to do 100 percent screening and reporting. They have said they "intend" to begin screening. When?

Doug Heaton, co-director

Association for

Legal Americans

legalamericans.net