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-   -   Undocumented immigrant with a valid state ID (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/1787722-undocumented-immigrant-valid-state-id.html)

GUWonder Oct 1, 2011 9:47 am


Originally Posted by SATTSO (Post 17202530)
:rolleyes:

More than you would think.

That's wishful thinking that you are advocating.

The TSA is an employment leviathan. Given the government is pushing to increase taxation on air travel in order to "better" fund the TSA, it's pretty clear that cutting down employment levels in the TSA has taken a relative back seat to increasing the amount of money the government collects for the TSA.

Ari Oct 1, 2011 12:56 pm


Originally Posted by SATTSO (Post 17202527)
I was never confused about the distinction between law and administrative policy - but I also understand how our legal system holds SD/MD; they have the same force as law; they force us to report suspected illegal activity. Simple as that.

When you cite a statute in a thread and then in subsequent posts discuss what the "law" requires, I don't think it was unreasonable for me to think that you were refering back to the statute you previously cited.

cbn42 Oct 2, 2011 2:32 am


Originally Posted by Always Flyin (Post 17202730)
I will note you did not cite a case that agrees with you.

Miranda plays big on TV dramas; not so much in real life.

I cited a case that explains the criteria used for evaluating the matter. These criteria can be used in the present case. The facts in the other case were not the same.

cbn42 Oct 2, 2011 2:37 am


Originally Posted by GUWonder (Post 17203368)
Don't count on that. Do you really think it would be safe for an individual to willfully communicate false information to federal law enforcement personnel in circumstances where the individual had not been read a Miranda warning? There are plenty of circumstances where evidence obtained without any Miranda warning gets used in administrative and even some criminal proceedings. That something can be appealed doesn't mean that the appeal will succeed. When it comes to things like border control, a lot of appeals may fail because the government and its apologists have taken the position that people crossing borders have less rights than others. I wish it weren't that way, but it is that way anyway.

Most CBP interactions with passengers never involve Miranda warnings, and such interactions can result in material (verbal and/or written) that prosecutors can use to pursue at their discretion.

That's not how it's supposed to be. It may happen that way because illegal immigrants don't tend to have the best lawyers, but a good lawyer should be able to get evidence thrown out in this situation.

SATTSO Oct 2, 2011 3:40 am


Originally Posted by GUWonder (Post 17203428)
That's wishful thinking that you are advocating.

The TSA is an employment leviathan. Given the government is pushing to increase taxation on air travel in order to "better" fund the TSA, it's pretty clear that cutting down employment levels in the TSA has taken a relative back seat to increasing the amount of money the government collects for the TSA.


I did not say TSA employees a vast amount of people, nor too many people.

But the fact is TSA does fire more people than you would think, or is believed here. We have a database, where the DRB post all those who appeal being dismissed from TSA (names removed), which serves as a guide for management (and employees) and proper disciplinary procedure. I can tell you, TSA does terminate its fair share of employees. Even if those here chose to believe otherwise.

SATTSO Oct 2, 2011 3:51 am


Originally Posted by Ari (Post 17204138)
When you cite a statute in a thread and then in subsequent posts discuss what the "law" requires, I don't think it was unreasonable for me to think that you were refering back to the statute you previously cited.

My mistake for not making the distinction. But again, as I understand it, our courts have so far rule that SD and MD have the same force/effect as law. They are binding. I, as a TSA employee, can not only be held to civil punishments for failing to enforce SD/MD, but criminal punishments, too (though that is highly unlikely -and my actions would have to be wilfully negligent and egregious).

Always Flyin Oct 2, 2011 6:00 am


Originally Posted by cbn42 (Post 17206326)
That's not how it's supposed to be. It may happen that way because illegal immigrants don't tend to have the best lawyers, but a good lawyer should be able to get evidence thrown out in this situation.

You may want to educate yourself more fully on how and when Miranda has been applied by the courts. Your conclusions are erroneous and insupportable.

cbn42 Oct 2, 2011 6:10 pm


Originally Posted by Always Flyin (Post 17206674)
You may want to educate yourself more fully on how and when Miranda has been applied by the courts. Your conclusions are erroneous and insupportable.

Why is that?

If you think I'm mistaken, wouldn't it be appropriate to provide an explanation, rather than a snappy "you're wrong, go educate yourself" response?

squeakr Oct 2, 2011 7:41 pm

Please keep your replies to practical responses
 
The question is, "can 'illegal' immigrants fly with picture ID"

The place for discussion of these issues is in...Discussion and debate forum.

thanks

squeakr

co mod TS/S Practical Issues

Always Flyin Oct 2, 2011 9:20 pm


Originally Posted by cbn42 (Post 17209325)
Why is that?

If you think I'm mistaken, wouldn't it be appropriate to provide an explanation, rather than a snappy "you're wrong, go educate yourself" response?

I did. You weren't listening: "Custodial interrogation."

You argue that doesn't apply if the person thinks they are unable to leave.

You stated the basic premise without looking at the facts of when courts have found a person reasonably believed they can't leave and you went on to claim that a "good" lawyer can get the evidence suppressed. Those situations, prior to an arrest being made, are actually rather limited.

The cases state there must be objective grounds for reasonably believing you are unable to leave (e.g., you are in handcuffs sitting in the back of a police car).

I pointed out that Miranda is basically a non-issue in most of the real world scenarios and that the facts presented here do not implicate Miranda.

At squeakr's request, I am done with this thread. Feel free to start it up elsewhere--after you do some research, please.

cbn42 Oct 3, 2011 12:07 am


Originally Posted by Always Flyin (Post 17209990)
I did. You weren't listening: "Custodial interrogation."

You argue that doesn't apply if the person thinks they are unable to leave.

You stated the basic premise without looking at the facts of when courts have found a person reasonably believed they can't leave and you went on to claim that a "good" lawyer can get the evidence suppressed. Those situations, prior to an arrest being made, are actually rather limited.

The cases state there must be objective grounds for reasonably believing you are unable to leave (e.g., you are in handcuffs sitting in the back of a police car).

I pointed out that Miranda is basically a non-issue in most of the real world scenarios and that the facts presented here do not implicate Miranda.

At squeakr's request, I am done with this thread. Feel free to start it up elsewhere--after you do some research, please.

I'm done with this thread as well. If you want to continue this discussion, I'm more than willing, [redacted dilatory comment - moderator]

kanyewesttx Oct 4, 2011 6:00 pm

Yes, an illegal immigrant can fly domestic with a pictured id

Ari Oct 4, 2011 7:41 pm


Originally Posted by kanyewesttx (Post 17221143)
Yes, an illegal immigrant can fly domestic with a pictured id

But only if the TSA accepts the ID.

bocastephen Oct 5, 2011 12:20 am


Originally Posted by Ari (Post 17221634)
But only if the TSA accepts the ID.

That's why all illegal immigrants who need to travel or want to feel secure, should acquire a Washington State drivers license before that option dries up.

König Oct 5, 2011 1:28 am


Originally Posted by bocastephen (Post 17222582)
That's why all illegal immigrants who need to travel or want to feel secure, should acquire a Washington State drivers license before that option dries up.

The WA state DOL does not check for the legal status, but it asks for a SSN and needs a state residency proof. AFAIK, the SSN requirement is waived only for legal non-immigrants who are not eligible for the number (e.g., F2, J2, H4, etc). Unless an illegal alien already has a SSN and can produce utility bills from Washington state in his/her name, it is impossible to get a WA driving licence without giving fraudulent information. Also, an applicant for a state DL/ID should still provide an acceptable proof of identity (matricula card is not accepted in WA). So, it is really easy to get a WA driving licence for visa-overstayers, but not for those who came here illegally.


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