Are the legal restrictions related to arrest and seizure different for officers who are trained for Section 287(g) enforcement?
A. No. As stated in the wording of the law, any enforcement of federal immigration must be conducted in a manner consistent with state and local law. Therefore, reasonable suspicion of criminal conduct must still be established in order to lawfully detain a person. Also, probable cause must be established in order to lawfully arrest a person. In other words, officers engaging in Section 287(g) cooperative efforts still are bound by all statutory restrictions relating to “search and seizure” as set forth in the Fourth Amendment to the United States Constitution; Article 1, Section 9 of the Texas Constitution; and Article 1.06 of the Texas Code of Criminal Procedure.
Related Questions
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