INA 287 Flashcards
authorizes agents to interrogate any alien (or person believed to be an alien) about the alien’s right to be, or remain in, the US. This statute authorizes questioning of aliens and suspected aliens anywhere in the US. Although this statute does not mention a required level of suspicion, seizing someone in order to question that person requires an agent to have the proper level of suspicion to justify the seizure
INA 287(a)(1) Interrogate aliens
A BPA may make a warrantless arrest: a) of ANY ALIEN who, in the agent’s presence or view, enters or attempts to enter the US in violation of any law or regulation made in pursuance of law regarding the admission, exclusion, expulsion, or removal of aliens, or b) of ANY ALIEN in the US, if the agent has PC that the aliens is in the US in violation of any immigration law or regulation, and c) is likely to escape before a warrant can be obtained for the alien’s arrest. “cutting his sign” carries the same weight as if the alien entered in the agent’s presence or view. In most illegal entry cases, how and where the alien entered, and where the alien was caught, are sufficient to show the alien is likely to escape before a warrant can be obtained for the alien’s arrest. Other facts suggesting likely hood of escape could include attempted flight, providing false information, or lack of ties to the community. Administrative arrest must be examined and processed within 48 hours of arrest by an agent other than the arresting agents unless not readily available or would cause unnecessary delay
INA 287(a)(2) Arrest of alien
authorizes immigration officers to enter onto privately owned lands within 25 miles of the border to patrol the border to prevent the illegal entry of aliens into the US. Agents may access private lands, but NOT dwellings, curtilage, or non-public buildings (US v. Romero-Bustamente). “Patrolling the Border” means “conducting such activities as are customary, or reasonable and necessary, to prevent the illegal entry of aliens into the US.” 8 CFR 287.1(c)
INA 287(a)(3) Enter private lands to patrol the border
authorizes agents to board and search for aliens any vessel located in US territorial waters and any vehicle or conveyance located within a reasonable distance (100 air miles inland from the border of the US 8 CFR 287.1(a)(2).) from the exterior boundary of the US. When making a stop pursuant to the UNA 287(a)(3) at locations other than an immigration checkpoint, an agent must have at least RS to stop a vehicle. Any search of the vehicle will have to be separately justified via consent to search, or PC to conduct a readily mobile conveyance search of the vehicle
INA 387(a)(3) Search vessel in territorial waters; Search conveyance within 100 air miles
A BPA may make a warrantless arrest with PC, of ANYONE for an immigration felony where the individual is likely to escape before a warrant can be obtained for his arrest
INA 287(a)(4) Arrest of anyone for immigration felony
A BPA may make a warrantless arrest with PC, of ANYONE for committing federal crimes in your presence if you are enforcing the INA at the time and the individual is likely to escape before a warrant can be obtained for his arrest
INA 287(a)(5)(A) Arrest of anyone for federal crimes in your presence while enforcing INA
authorizes agents to administer oaths and to take and consider evidence concerning the privilege of any person to enter the US or concerning any matter that is material and relevant to the enforcement of the INA. “Taking and considering evidence” generally refers to a temporary examination of documents voluntarily provided to an agent for the purpose of classification, identification, and alienage determination regarding the person
INA 287(b) Administer oath and take evidence
authorizes an agent to keep an alien in custody pending removal who was arrested by another law enforcement agency for a controlled substance offense
INA 287(d) Detain for removal an alien arrested by another LEO for drug offense
imposes specific limitations of a BPA’s authority to enter private land beyond 25 miles from the border. You may not enter onto a farm, ranch, or other outdoor agricultural operation for the purpose of questioning a person about their immigration status without a warrant or consent of the owner or manager. Doesn’t apply within 25 miles of the border
INA 287(e) Agriculture limitation
