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Is it illegal for a cop to ask for my greencard??

Is it illegal for a cop to ask for my greencard??

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Old Jun 28th 2010, 9:10 pm
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Default Is it illegal for a cop to ask for my greencard??

HI,

I would like to know if it is illegal for a cop or police official to ask for my greencard. Could u also explain my legal rights when an official asks for my greencard.
By the way, I live in New York and when this happened to me i was not close to the border. I had my drivers license with me.

Thank you,


Lee
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Old Jun 28th 2010, 9:20 pm
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Default Re: Is it illegal for a cop to ask for my greencard??

Aren't you a US citizen now? Do you still have a GC after taking US citizenship?
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Old Jun 28th 2010, 9:22 pm
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Default Re: Is it illegal for a cop to ask for my greencard??

Originally Posted by leemathewthegreat
HI,

I would like to know if it is illegal for a cop or police official to ask for my greencard. Could u also explain my legal rights when an official asks for my greencard.
By the way, I live in New York and when this happened to me i was not close to the border. I had my drivers license with me.

Thank you,


Lee
According to this post: http://britishexpats.com/forum/showthread.php?t=670648 you became a USC last year. So you no longer have a green card to show a cop, even if he asks for one. If a cop asks to see your green card, you can let him know you are a US Citizen.

Whether it's legal or not for him to even ASK, I don't know. It seems like it's becoming legal in AZ.

Rene
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Old Jun 28th 2010, 9:23 pm
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Default Re: Is it illegal for a cop to ask for my greencard??

Originally Posted by SarahG
Aren't you a US citizen now? Do you still have a GC after taking US citizenship?
Yes i am a citizen...actually this happened to one of my friends. Just thought it would be easier question to create if i made the question personal.
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Old Jun 28th 2010, 9:25 pm
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Default Is it illegal for a cop to ask for my greencard??

HI,

I would like to know if it is illegal for a cop or police official to ask for my greencard. Could u also explain my legal rights when an official asks for my greencard.
By the way, this happened to my friend when he was not close to the border. He had his drivers license with him.

Thank you,


Lee
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Old Jun 28th 2010, 9:44 pm
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Default Re: Is it illegal for a cop to ask for my greencard??

which state was your friend in when he got stopped?
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Old Jun 28th 2010, 9:58 pm
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Default Re: Is it illegal for a cop to ask for my greencard??

Originally Posted by leemathewthegreat
HI,

I would like to know if it is illegal for a cop or police official to ask for my greencard. Could u also explain my legal rights when an official asks for my greencard.
By the way, I live in New York and when this happened to me i was not close to the border. I had my drivers license with me.

Thank you,


Lee
Cops in a town near to where I live have now been given authorisation to ask to see GC's.

If a cop asked to see your GC and you had one...why wouldn't you comply? I know what some of the regulars will say to that...but from where I'm standing I would comply and not wish to do or say anything that may irritate a cop.
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Old Jun 28th 2010, 10:13 pm
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Default Re: Is it illegal for a cop to ask for my greencard??

I would think that the cop would still need some other reason to stop you such as a traffic violation. Once stopped for a valid reason then their rights to ask certain questions change. I do not believe they can randomly stop people in the street and ask for papers without cause.
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Old Jun 28th 2010, 10:29 pm
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Default Re: Is it illegal for a cop to ask for my greencard??

Originally Posted by sir_eccles
I would think that the cop would still need some other reason to stop you such as a traffic violation. Once stopped for a valid reason then their rights to ask certain questions change. I do not believe they can randomly stop people in the street and ask for papers without cause.
The cops near where I live don't have to have an additional reason.
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Old Jun 28th 2010, 10:30 pm
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Default Re: Is it illegal for a cop to ask for my greencard??

New York is in what the ACLU dubs the "Constitution Free Zone."

Here's an article and a map.
http://www.wired.com/threatlevel/200...lu-assails-10/
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Old Jun 28th 2010, 10:32 pm
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Default Re: Is it illegal for a cop to ask for my greencard??

Originally Posted by leemathewthegreat
I would like to know if it is illegal for a cop or police official to ask for my greencard.
No.


Could u also explain my legal rights when an official asks for my greencard.
You have the right to refuse the request... however, the official then has the right to detain you until such time as your refusal to comply can be sorted out.

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Old Jun 28th 2010, 10:55 pm
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Default Re: Is it illegal for a cop to ask for my greencard??

Originally Posted by Jerseygirl
The cops near where I live don't have to have an additional reason.
Even in AZ the cop can only ask as part of a "lawful stop, detention or arrest" from some other suspected violation, such as speeding, drinking alcohol in a city park or, for juveniles, violating curfew.

http://www.azcentral.com/news/articl...scenarios.html

That said, an interesting quote:
"Lynn Marcus, director of the Immigration Clinic at the University of Arizona James E. Rogers College of Law, said nothing prevents an officer from engaging someone in a conversation about immigration status at any time. But she also said the person is not required to answer the question, based on the Fifth Amendment."
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Old Jun 28th 2010, 11:41 pm
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Default Re: Is it illegal for a cop to ask for my greencard??

Originally Posted by sir_eccles
Even in AZ the cop can only ask as part of a "lawful stop, detention or arrest" from some other suspected violation, such as speeding, drinking alcohol in a city park or, for juveniles, violating curfew.

http://www.azcentral.com/news/articl...scenarios.html

That said, an interesting quote:
"Lynn Marcus, director of the Immigration Clinic at the University of Arizona James E. Rogers College of Law, said nothing prevents an officer from engaging someone in a conversation about immigration status at any time. But she also said the person is not required to answer the question, based on the Fifth Amendment."
That may be the case in AZ but the cops in the town near me can ask to see immigration status without having another reason. We discussed this very subject in a thread a few months ago in the US forum.
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Old Jun 28th 2010, 11:52 pm
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Default Re: Is it illegal for a cop to ask for my greencard??

Originally Posted by Jerseygirl
That may be the case in AZ but the cops in the town near me can ask to see immigration status without having another reason. We discussed this very subject in a thread a few months ago in the US forum.
And AZ is changing its policy...
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Old Jun 28th 2010, 11:54 pm
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Default Re: Is it illegal for a cop to ask for my greencard??

My Husband and I have been stopped a few times by border patrol in NH, all he did was show his Military ID or drivers license and never asked for mine. I guess they can ask anyone now within 100 mile radius of the borders.

Anyway I guess they do what they are allowed to do, whether we like it or not.
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