Quote:Here's a minor curveball: what if a person who appears to be of Central American descent is arrested for a minor crime but, through a convoluted series of events mostly involving the Fifth Amendment but also requiring the commission of a secondary crime, refuses to give any identifying information about themselves, or any residency status. Under the Fifth Amendment, we can't force that person to incriminate themselves, nor can a refusal to answer be considered an admission of guilt. DNA evidence would prove useless: the absence of that person in the "system" merely proves that they're not "in the system", not that they aren't here legally. Do you risk deporting an American citizen, or are they simply dinged for the sentence for their initial crime plus fabricating information to police?

 

I know, minimal chance at best of this ever happening, but it's an interesting hypothetical. I think you'd have to sentence them for their outstanding crimes then let them go.

 

The simple solution is to hold the person indefinitely, pending identification. It's possible that he/she could have an outstanding arrest warrant in another legal jurisdiction, hence the refusal to identify.

 

Deportation becomes a little complicated without any identifying information; to where do you deport the person?

 

There is a legal process to apply for readmission to the US following a deportation.

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