For Cillaliz:
IMMIGRATION ISSUES:
Suppose we have arrested an undocumented immigrant in for a non violent offense (something for which a jail term of less than two years might be expected):
If the offender is willing to plead guilty, accept a sentence of 1 year, suspended, and volunteer for instant deportation; and, this arrangement is satisfactory to the prosecution, is there a way, at arraignment to effect this deal?
I'm looking at ways to address the Sanctuary cities issue. -
We should require the authorities to establish residency status (properly needed for a bail hearing).
If someone in custody is not a legal resident, then they should be incarcerated until trial or turned over to ICE for deportation (but we all know ICE has not the means to effect mass deportations).
Allowing a plea as stated above would remove the defendant from the country and provide a real disincentive (automatic incarceration) for re-entering illegally.
(I would also make a stipulation that should a defendant enter into such an agreement, that conviction would not be a cause for an automatic rejection of a down-stream request for a visa.)
der Brucer
Note: requiring the authorities to inquire as to residency status of everyone officially approached is folly - the chillimg effect on community security would be devastating, and we are currently unable to address the consequences of identifying numerous undocumanted folks.
