San Francisco, CA- Did you know that every American citizen has the power, and the right, to place illegal aliens under arrest and detain them until ICE agents arrive and take them into federal custody?
Most states have codified the common law rule that a warrantless arrest may be made by a private person for a felony, misdemeanor or breach of peace. Breach of peace covers a multitude of violations in which the Supreme Court has even included misdemeanor violations such as seatbelt laws.
Only North Carolina and Washington state do not subscribe to Citizen’s Arrest laws, in the strictest sense. Even psychotically liberal California allows their citizens to arrest people and detain them for breaking the law. California Penal Code 837 states that, “A private citizen may arrest another: 1)For a public offense committed or attempted in his/her presence, 2)When the person arrested has committed a felony, although not in the citizen’s presence, or 3)When a felony has been, in fact, committed, and he or she has reasonable cause for believing the person arrested to have committed said crime.”
“Public Offense” is read similarly as breach of peace in this case, and includes felonies, misdemeanors and infractions. “Holding them until the police, or ICE, get there”, is simply a form of arrest. The officer is accepting the arrest and processing the prisoner on behalf of the private person.
In general, a private person is justified in using non-deadly force upon another if they reasonably believe that: 1) Such other person is committing a felony, or a misdemeanor, amounting to a breach of the peace, and 2) The force used is necessary to prevent further commission of the offense and to apprehend the offender. The force must be reasonable under the circumstances to restrain the individual arrested. This includes the nature of the offense and the amount of force required to overcome resistance.
The citizen making the arrest does bear some liability in the matter. One should be certain that the arrestee is, in fact, an illegal alien to avoid civil liabilities and possible criminal charges.
8 U.S. Code § 1325 – Improper entry by alien.
(a)Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts.
Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
8 U.S. Code § 1325 makes it abundantly clear that any alien who has been deported and returns to the United States illegally is subject to Citizen’s Arrest for their felonious reentry under federal law. While the initial entry is likely a misdemeanor, a Citizen’s Arrest would still be valid in most localities, providing the arrestee is, in fact, in the country illegally.
The United States Congress has also made it abundantly clear that they have zero intention of solving the country’s myriad immigration problems. The US Border Patrol and the Immigration and Customs Enforcement (ICE) are understaffed and overwhelmed. It appears that, in the absence of true leadership from our elected officials, in a country of the people, by the people and for the people, that the people must begin the arduous task of helping to enforce the rule of law. Once the citizens begin to flex their legally appointed muscles, the Congress will have no choice but to quickly hammer out, and overwhelmingly pass, significant and lasting comprehensive immigration reform.
While THENETSPIES.COM is not advocating that anyone take immigration enforcement upon themselves, if you, as a true American Patriot, decide to aid the brave men and women of ICE by performing a Citizen’s Arrest and detaining criminal illegal aliens, please first do your due dilligence in regards to your local and state laws concerning Citizen’s Arrest.