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D.Neb.: ICE officers have broad powers to stop and detain suspected illegal aliens, but they are governed by Terry

By John Wesley Hall, Jr.

Immigration officers have broad powers to detain to interrogate suspected aliens, but Terry still applies. United States v. De La Cruz, 2011 U.S. Dist. LEXIS 25608 (D. Neb. March 11, 2011): Immigration officers are authorized, without a warrant, “to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States ...” and “to arrest any alien in the United States, if [they have] reason to believe that the alien so arrested is in the United States in violation of any [law or regulation involving the admission, exclusion, expulsion or removal of aliens] and is likely to escape before a warrant can be obtained for his arrest.” 8 U.S.C. § 1357(a)(1) & (2) (emphasis added); United States v...continue to full post

Full post as published by Fourth Amendment on March 17, 2011 (boomark / email).