Chapter 12 Exam Questions and Complete Solutions

Chapter 12 Exam Questions and Complete Solutions Identify the procedures for transporting and detaining juvenile aliens - Answer: A. If a lone agent is transporting an adult of the opposite gender, or an unaccompanied juvenile, the agent shall: 1. Call in starting time and mileage of departure, and proposed route of travel 2. Stay in radio contact to the degree technically possible during transport 3. Call in ending time and mileage upon arrival Identify when consular notification is required - Answer: 1. An alien must be advised of his or her right to contact a consular official if he or she is arrested 2. If the alien requests consular notification, the request must be honored and the appropriate consular official notified without unnecessary delay. Per State Department policy, contact should occur within 24 hours of the request in most cases, and no later 72 hours after the request in any case 3. If the alien is a citizen of a country with whom the U.S has treaty mandating consular notification, then a consular official must be notified of the alien's arrest, whether or not the alien requests or objects to notification 4.If the alien is a juvenile (under age 18) whose parents live outside the united states, and it is nor feasible to notify a parent or guardian of the juvenile's arrest, then the arresting officer should notify the juvenile's consulate Identify diplomatic immunity by applying the proper procedures for dealing with individuals who hold diplomatic immunity - Answer: A. Many foreign representatives to the United States enjoy special privileges and varying degrees of diplomatic immunity. 1. It will be rare that Border Patrol agents encounter individuals with diplomatic immunity. However, you must understand the guidelines that apply when dealing with foreign diplomats. Improper action on your part may create an international incident and could result in your arrest and prosecution. B. Persons Entitled to Diplomatic Immunity 1. Diplomatic officers accredited to the U.S Government, and their families. 2. Employees of diplomatic missions, administrative and technical staff accredited by the U.S government as representatives of their country, and their families. 3. These people are listed on the Embassy Personnel List, also known as the "Blue List" 4. A United States citizen can never claim diplomatic immunity in the U.S C. Procedure for Verifying Diplomatic Immunity 1. In most instances, persons entitled to diplomatic immunity will present proper identification upon request. Diplomatic ID cards are provided by the Department of State. SHO 12-E State Department Diplomatic and Consular Immunity Guide. SHO 12-F Diplomatic Immunity Summary. A. The information that is printed on the backside of the card establishes the bearer's diplomatic status. B. If the language states the following, the person has full diplomatic immunity: "This person has been duly notified to the Department of State and under international law enjoys immunity from criminal jurisdiction. The bearer shall not be liable to any form of arrest or detention, but may be given a notice of violation. The bearer shall be treated with due respect and all appropriate steps shall be taken to prevent any attack on the bearer's person, freedom or dignity" C. Diplomatic ID cards are evidence of diplomatic status, but they do no Describe the authority granted to Border Patrol agents by INA 235 - Answer: "Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing" Is the primary enforcement statue at ports of entry, but several sections of the statue are important to Border Patrol enforcement activities Statutory Authority to Question Aliens- authorizes agents to inspect all aliens "seeking admission" Oaths and Statements- authorizes agents to require an applicant for admission to state under oath any information sought by the agent regarding how long the applicant intends to stay, whether the applicant is an intending immigrant, and whether the applicant is inadmissible. Authorizes agents to administer oaths and to take and consider evidence concerning the privilege of any alien, or person suspected of being an alien, to enter, re-enter, transit through, or reside in the U.S, or concerning any matter that is material and relevant to the enforcement of the INA. Subpoena- Authorizes immigration officers to require by subpoena the attendance and the testimony of witnesses before immigration officers and the production of books, papers, and documents relating to the privilege of any person to enter, re-enter, reside in, or pass through the US, or concerning any matter is material and relevant to the enforcement of the INA. Authorizes US district courts to order persons who have failed or refused to obey a subpoena to obey the subpoena. Failure to obey a court order is punishable as contempt. Statutory Authority to Seize and Search- authorizes agents to board and search any vessel, vehicle or conveyance in which the agent believes aliens are being brought to the US Describe the authority granted to Border Patrol agents by INA 252 - Answer: "Conditional permits to land temporarily" Border Patrol agents who work in maritime locations and airports use this statue to handle the temporarily landing of alien crew members in the US. Agents may also have occasion to arrest alien crew members who have violated conditional landing permits. Statutory Authority Regarding Alien Crewmen- authorizes an agent to issue an alien crewman a conditional permit to land temporarily for up to 29 days. Authorizes an agent to revoke an alien crewman's conditional permit to land to order the master of a vessel/conveyance to detain the alien crewman on board for inspection. Proves that "any immigration officer may, in his discretion, if he determines that an alien is not a bona fine crewman, or does not intend to depart on the vessel or aircraft which brought him, revoke the conditional permit to the land which was granted, such crewman Describe the authority granted to Border Patrol agents by INA 287 - Answer: Sources of Border Patrol Statutory Authority- "Powers of immigration officers and employees" Statutory Authority to Question Aliens- authorized to interrogate any alien (or person believed to be an alien) about the alien's right to be, or remain in, the US. This statue authorizes questioning of aliens and suspected aliens anywhere in the US. Although this statue 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. Oaths and Statements- 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. Subpoenas- authorizes Supervisory Border Patrol Agents and above to issue a subpoena. A border Patrol agent may request one through his or her chain of command Statutory Authority to Seize and Search- 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 from the exterior boundary of the US Statutory Authority to Enter Private Lands- authorizes immigration officers to enter onto privately owned lands within 25 miles of the border, for the purpose of patrolling the border to prevent the illegal entry of people into the US. This statue gives an agent limited federal authority to trespass on private lands, within 25 miles of the border, in order to patrol the border. Imposes specific limitations on a Border Patrol agent's authority to enter private land. You may not enter onto a farm, ranch, or other outdoor agricultural operation for the purpose of questioning o a person about his or her right to be or reaming in the US without either the consent of Describe the authority granted to Border Patrol agents by Title 19 of the United States Code - Answer: 1. A Border agent may, with probable cause, make a warrant less arrest of anyone for any federal offense (felony or misdemeanor) that occurs in the agent;s presence, as well as any federal felony that occurs outside of the agent's presence. 2. Under this statue, an agent must obtain a warrant to arrest for a federal misdemeanor that occurs outside of the agent's presence. 3. Unlike INA 287, this statue does not require a likelihood of escape to justify a warrant less arrest.