Historic Border Patrol  Badge Artifact
 
 
This site is maintained by supporters of the United States Border Patrol and is not an official government site. The contents of this site are privately managed and not subject to the direction of the United States Border Patrol.
 
Back 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
CONTENTS
USBP Overview
USBP Today
USBP History
SBI
Tijuana
Border At Night
Southern Barrier
West California

East California

West Arizona
Mid Arizona
East Arizona
New Mexico
Texas
Northern Border
Border Images
Deportation
USBP Weapons
Immigrant Effects
Being Detained
Sex Slaves
Tunnels
Al Qaeda
Travel Documents
USBP Laws
 
 
 

Border Patrol Laws, Part 14

(c) Conduct of arrests.

(1) Authority. Only designated immigration officers are authorized to make an arrest. The list of designated immigration officers varies depending on the type of arrest as listed in 287.5(c)(1) through (c)(5).

(2) General procedures.

(i) An arrest shall be made only when the designated immigration officer has reason to believe that the person to be arrested has committed an offense against the United States or is an alien illegally in the United States.

(ii) A warrant of arrest shall be obtained whenever possible prior to the arrest.

(iii) At the time of the arrest, the designated immigration officer shall, as soon as it is practical and safe to do so:

(A) Identity himself or herself as an immigration officer who is authorized to execute an arrest– and

(B) State that the person is under arrest and the reason for the arrest.

(iv) With respect to an alien arrested and administratively charged with being in the United States in violation of law, the arresting officer shall adhere to the procedures set forth in 287.3 if the arrest is made without a warrant, and to the procedures set forth in 242.2(c)(2) of this chapter if the arrest is made with a warrant.

(v) With respect to a person arrested and charged with a criminal violation of the laws of the United States, the arresting officer shall advise the person of the appropriate rights as required by law at the time of the arrest, or as soon thereafter as practicable. It is the duty of the immigration officer to assure that the warnings are given in a language the subject understands, and that the subject acknowledges that the warnings are understood. The fact that a person has been advised of his or her rights shall be documented on appropriate Service forms and made a part of the arrest record.

(vi) Every person arrested and charged with a criminal violation of the laws of the United States shall be brought without unnecessary delay before a United States magistrate judge, a United States district judge or, if necessary, a judicial officer empowered in accordance with 18 U.S.C. 3041 to commit persons charged with such crimes. Accordingly, the immigration officer shall contact an Assistant United States Attorney to arrange for an initial appearance.

of America with a secure border.



Back 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next