Can 1324(a)(1)(A)(ii) "Any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law" be applied to a local police officer who conducts a traffic stop and finds a driver of a car (who may be an illegal) who has other people in the car as passengers (who are illegal) under the "transports" clause?
(a) Criminal penalties
(A) Any person who
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
(I) engages in any conspiracy to commit any of the preceding acts, or
(II) aids or abets the commission of any of the preceding acts,
shall be punished as provided in subparagraph (B).
In other words, could Arizona police officers (under the definition of "any person who" be held in violation of this law by not detaining someone they suspect to be in violation of the above clause?
(c) Authority to arrest
No officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws.
Does "all other officers whose duty it is to enforce criminal laws" refer to state and local police officers?
(3) Upon the request of the governor or chief executive officer of any State, the Service shall provide assistance to State courts in the identification of aliens unlawfully present in the United States pending criminal prosecution.
The governor has the power to request the federal government to assist in the determination of immigration status of detained suspects.
So, Federal law allows for Arizona police to detain suspected illegal aliens pending ICE review.
The Governor can request federal support in determining the status of detainees.
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part IV > § 1226 (Apprehension and detention of aliens) says:
(d) Identification of criminal aliens(1) The Attorney General shall devise and implement a system—(A) to make available, daily (on a 24-hour basis), to Federal, State, and local authorities the investigative resources of the Service to determine whether individuals arrested by such authorities for aggravated felonies are aliens;(B) to designate and train officers and employees of the Service to serve as a liaison to Federal, State, and local law enforcement and correctional agencies and courts with respect to the arrest, conviction, and release of any alien charged with an aggravated felony; and(2) The record under paragraph (1)(C) shall be made available—(A) to inspectors at ports of entry and to border patrol agents at sector headquarters for purposes of immediate identification of any alien who was previously ordered removed and is seeking to reenter the United States, and
The federal code requires that the Attorney General create a database of legal immigrants that local law enforcement can call upon for verification of suspected illegal immigrants. The local law enforcement would not access this database directly, but would go through a liaison within the Justice Department. The federal code says that the Justice Department is to make this system available on a 24-hour basis.
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part V > § 1252c
§ 1252c. Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens(a) In generalNotwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement officials are authorized to arrest and detain an individual who—(2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction,but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal custody for purposes of deporting or removing the alien from the United States.(b) CooperationThe Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out duties under subsection (a) of this section is made available to such officials.
1252c specifically authorizes states to arrest and detain certain illegal aliens.
Every state in the union should now file suit against the federal government for it’s failure to enforce existing law and seek to recover all damages resulting from said failure.