Great, collect all the data you want. For reasons I’ll explain below, the Feds are in the best position to collect it.
No contradiction. The LAPD collects info that identifies a person when they arrest him (name, height, weight, fingerprints, photo, etc.) All that info is available to the Feds (or any other law enforcement department in the country).
However, determining a persons residency status is a completely different can of worms. It can be an easy process that takes five minutes, but often enough, it requires an investigation and sometimes even an administrative or court ruling. This can take days or weeks.
Part of the reason for that is a wide variety of records can be used to prove residency–birth records, draft records, naturlization records, the list is pretty extensive. These records are collected by different agencies on both a Fed and State level and can be in different formats. Some of them may not even be computerized yet. We could potentially alleviate some of this by having some sort of national identification system–but that proposal is oppsoed by a broad spectrum of groups of all political stripes and not always over immigration issues.
Add to this the complexity of our immigration laws, a lack of funding for immigraiton agencies, and simple government ineptitude, and you get a haphazard, complex system for determining residency status.
There’s no way for the LAPD to determine who is here legally and who isn’t. I’m assuming that nobody here is proposing that the LAPD track down birth records from South Carolina, right?
So, basically what we’re left with is a cop with a suspicion. So, he does what? Calls up the Feds and tells them. And what if the Feds don’t get back to him in a week? What do the cops do with the arestee who they would have normally released in the meantime? Keep him in the county lockup? Who pays for that?
Right, but the LAPD isn’t preventing the Feds from looking through their files. Arrest records are public records. The Feds just don’t have the resources to look through all the arestees records and then do an investigaton on each arestee. But that shouldn’t be the LAPDs problem.
The Feds conceivably have enough resources to deal with this on a pilot basis in a couple of cities. I would be surprised if the Feds had enough resources to determine every arestee’s status in anything approaching a timely basis.
As I’ve said, I’m only dealing with arestees here. Presumably, if someone is convicted and serving jail time, one would hope that the Feds have enough time to run their investigation. Jail records are public, and my same argument applies here. If he’s in jail and the Feds want to run down and pick him up, go for it. Heck, they could just issue a warrant, and the state would turn him over at the end of his jail time. But if his time is up, and the Feds haven’t issued a warrant, then I don’t want him taking space up in the local jail system.
The article the OP linked to was about drug arrests, and that’s what I’ve been arguing about. As for the issue of bail, that moves from being an LAPD issue to a District Attorney issue. If the DA feels that a person is a flight risk because of their residency status or country of origin or because they’ve been seen eating Freedom Fries, the DA is always free to make that argument, and the DA can utilize county resources to compile evidence to present the argument. Since a DA has a better ability and resources to deal with the complexity of immigration law, I have no problem with this–but that wasn’t the topic I was debating.
Generally, I disagree.
On another note, I have finals in two weeks so I’m not going to have much time to devote to this thread. GIGOBuster, thanks for the cites. Interesting reading.