What Happens when an Illegal Immigrant is Arrested in Wyoming?

In line with nationwide trends, the state of Wyoming has been cracking down on enforcement of immigration laws. Earlier this year a new law, House Bill 116, was implemented to invalidate driver's licenses issued by other states to undocumented immigrants, despite concerns about potential legal hurdles and impacts ahead.

Wyoming Senate File 124, "Illegal immigration-identify, report, detain and deport," was a bill aimed at strengthening immigration enforcement within the state. It proposed various measures, including requiring police and public officials to question the citizenship status of individuals, mandating employers to verify the immigration status of employees, and empowering the Attorney General and county sheriffs to enter into agreements with federal agencies regarding immigration enforcement. The bill also sought to penalize individuals for transporting or concealing unauthorized aliens and for hiring them. However, the bill ultimately failed to pass in the Wyoming Senate

When an immigrant is arrested in Wyoming, several things can happen depending on their immigration status and the reason for the arrest:

Identification and Notification of ICE

• Wyoming law mandates that peace officers, upon detaining or arresting someone, must inquire about their immigration status or lawful presence in the United States.
• If the individual is determined to be an "unauthorized alien" or their status cannot be verified, the law enforcement agency is required to notify the United States Department of Homeland Security (DHS) or Immigration and ICE.
• The detaining agency must continue to hold the person until ICE assumes custody or the person provides proof of lawful status.

Detention and Potential Deportation

• Local law enforcement agencies, like sheriff's offices, may hold immigrants for ICE for a period of time, such as up to 48 hours.
• ICE can then take custody of the individual and transfer them to a detention facility, such as the Sweetwater County Detention Center, which is certified by ICE to temporarily house federal detainees.
• Immigrants arrested by ICE are typically detained and may face removal proceedings before an immigration judge.
• Deportation, if ordered by a judge, can be carried out by ICE.

Rights of Immigrants

• Even if undocumented, immigrants in Wyoming generally have the same constitutional rights as citizens when interacting with law enforcement, including the right to remain silent and not answer questions about their immigration status.
• If detained, they have the right to request a lawyer and do not have to sign anything without reading it first.
• They also have the right to contact their consulate and request the law enforcement officer to inform their consulate of the arrest.

In summary, if an immigrant is arrested in Wyoming, their information will be shared with ICE, and they will likely be detained while facing potential deportation proceedings. However, they have rights, including the right to remain silent and seek legal counsel. Organizations in Wyoming offer assistance and advocacy for immigrants in these situations.