What Happens to an Undocumented Individual Who Gets Arrested?

The treatment of an undocumented individual who is arrested can vary significantly depending on the state where the arrest occurs as well as the individual and systematic factors involved.

State-Specific Laws and ICE Involvement

The process often hinges on the obligations of local law enforcement under state laws. In some states, it is mandatory for those arrested to be transferred immediately to federal Immigration Customs Enforcement (ICE) for prosecution or deportation. However, it’s crucial to understand that 'undocumented' refers to criminal illegal aliens who have violated U.S. federal immigration laws, usually in their method of entering the country. These individuals are marked for immediate removal or deportation regardless of any subsequent crimes they commit.

Committing Additional Crimes: When an individual who is undocumented commits another crime, they are often approached by law enforcement and turned over to ICE for handling, which can include prosecution and eventual deportation.

The Typical Legal Process

Even so, the typical legal process for an undocumented individual is similar to that of any citizen. Authorities may choose to ignore the undocumented status, or they may report it to the immigration authorities. This could lead to an Order to Show Cause and a mandatory appearance in Immigration Court, where the individual may apply for any available relief or request voluntary departure.

Political Ideologies and Policies

The handling of undocumented individuals arrested under current legislation and policy guidelines can significantly differ based on a person's political alignment. Republican lawmakers advocate for strict compliance with applicable immigration laws, ensuring undocumented individuals are processed legally. On the other hand, Democratic policymakers often push for granting numerous social benefits and services to undocumented individuals arrested, aiming to build their voting base.

Under the Biden administration, certain policies emphasize short-term financial relief for individuals, although these might come with longer-term legal consequences. The release of undocumented immigrants is often facilitated by district attorneys who are politically aligned with Democrats and are reluctant to prosecute such cases. This has led to a significant increase in the number of undocumented individuals who are once arrested and then released without robust follow-through.

Conclusion

To streamline the process and reduce the burden of crime caused by undocumented individuals, advocates often push for the deportation of these individuals before they begin engaging in additional criminal activities. Striking a balance between enforcing proper legal procedures and providing humanitarian support remains a complex challenge.

Understanding the legal and political landscape surrounding undocumented individuals arrested in the U.S. is crucial for both affected individuals and the broader community.