What Changes to PWC Anti-Illegal Immigration Policy Really Mean

There has been discussion in various places over what the changes the Prince William BOCS made to their anti-illegal immigration policy really mean, most spurred by the incorrect headline in today’s WashPo.

Well, here’s a brief run down:

Before — only after probable cause was established could someone who was arrested be questioned on their immigration status.
Now — everyone who is arrested will be questioned on their immigration status.

Before — anyone stopped for a minor traffic offense was checked against the NCIC database for immigration violations.
Now — no change.

Before — police had discretion in whether to determine they should ask about one’s immigration status and were only mandated to do so if they found probable cause.
Now — police still have that discretion, but no longer have the burdensome probable cause standard to deal with.

Also, keep in mind that being arrested does not necessarily mean you will be taken to jail.  Simply being detained and issued a citation is a form of arrest.  If you are in police custody, you can and will be checked.

This all said, we need to make sure that Police Chief Charlie Deane does not seek to influence or restrict officers’ discretion in any way.  He has been opposed to this crackdown from the get go and done everything within his power to try and gut it.  He bears close watching.

A final aside, officials in the county tell me that for every one illegal alien deported, 30 others are self-deporting.  That in itself is a success story for the rule of law.