Ace the Applied Authority 2 Test 2026 – Unleash Your Potential and Dominate the Exam!

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Which statute grants authority to make warrantless arrests of aliens in view of law enforcement?

INA § 287(a)(2)

The correct answer is that INA § 287(a)(2) grants law enforcement the authority to make warrantless arrests of aliens who are in violation of immigration laws. This statute specifically allows authorized immigration officers to apprehend aliens without a warrant when they are in the presence of law enforcement, thereby facilitating immediate action in situations where an alien's unlawful status is evident or in contexts where prompt enforcement is necessary.

This authority is crucial for immigration enforcement, as it allows for quick responses to situations that require immediate intervention, reducing the risk that an alien might evade arrest or that evidence might be lost. The specific mention of "in view of law enforcement" emphasizes the condition under which this authority is exercised, focusing on the presence and observation of law enforcement officers.

The other options listed do not provide the same authority for warrantless arrests of aliens in this context. For instance, INA § 287(e) pertains to the training and delegation of authority to make certain arrests but does not specifically address warrantless arrests in the same manner as § 287(a)(2). The statutes under 19 USC relate to customs and border protection but do not directly cover warrantless arrest authority related to immigration enforcement.

INA § 287(e)

19 USC § 1703

19 USC § 1581

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