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However, under Colorado law, Denver municipal code and Denver Police Department policy, I can only charge this suspect with providing false identification under city ordinance. Now, I can jail him so that we can obtain his fingerprints and try to ensure the name he's giving us is truly his, and to give us a way to identify him if he's caught a second time without identification. But we cannot put an immigration hold on him unless he has committed a felony crime (despite what the actual operations manual says).
So once he bonds out on the false ID charge, he disappears.
Now, if the new Arizona law forces the Bureau of Immigration and Customs Enforcement to intervene and check the immigration status of a suspect with less than a felony crime charged on them, then I am for it.
I do not believe that the majority of my Arizona peers will unjustly stop Hispanics just for being Hispanic. I believe they will still use Terry vs. Ohio as their justification for stopping and detaining a suspect, and if that stop then reveals a need for an immigration check, so be it.
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