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12/6/2019 7:27:02 PM
Posted: 12/16/2016 10:11:17 AM EST
A B2 nonimmigrant alien from Trinidad overstayed his authorized time in the US, imprisoned for a felony assault charge, made a false claim to US citizenship, assault charge later dismissed, alien released from prison to the street, Final Order of Deportation on July 28, 2016, arrested again for arson in the burning of his girlfriend's car, and is a suspect in the murder of another girlfriend.

"Mr. Richmond has a final removal order, ICE spokeswoman Rachel Yong Yow told The Post. After the full resolution of the local charges, to include any potential conviction and prison term, ICE will take custody of Mr. Richmond to effectuate his removal order."

There's a big problem with that ambitious statement. The alien is in custody in Brooklyn. Brooklyn is part of New York City. New York City is a sanctuary city. Sanctuary cities don't honor federal Immigration Detainers. Therefore, when the state prison is ready to release the alien they will not honor the detainer and will not be contacting ICE to take custody of the alien before they release him. They would just release him without any notification at all.

The article also incorrectly states:

"The prime suspect in the murder of a Rikers Island guard is an illegal immigrant with a lengthy rap sheet...."
That is ridiculous. The alien was a nonimmigrant B2 Visitor who overstayed his visa. He is an out of status nonimmigrant alien. He is not an immigrant. B2 visas are issued by the State Dept. to nonimmigrant aliens. He is an illegal nonimmigrant alien. Or just, illegal alien for brevity.
https://www.uscis.gov/tools/glossary/nonimmigrant Definition of nonimmigrant alien from USCIS website. State Dept. issues all visas.


Link Posted: 12/16/2016 10:15:26 AM EST
We will see.  
Link Posted: 12/16/2016 11:13:27 AM EST
Once he overstays his visa, he becomes an 'illegal immigrant'. Non-immigrant aliens are, by definition, in status. It's silly and confusing but so is most all immigration law. Also, the whole detainer thing is total bullshit, and DHS will hopefully shitcan them and go to actual warrants after January 20th. Good luck ignoring those, sanctuary cities.
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