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But law enforcement isn't just allowed to determine whether someone is here legally after being grabbed for a crime. The law says that law enforcement can check status during any "lawful contact." As it was outlined in Terry V Ohio, lawful contact refers to a wide range of situations, and not just ones where suspicion of a crime takes place.
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Uhhh, what? You do realize you just contradicted yourself don't you?
Once a LEO has you under arrest, he can dig as deep as he wants. Regards to immigration, when you get fingerprinted, the database should be able to point you out as an illegal immigrant. No court would ever say that is an illegal move on the LEOs part.
No different than being pulled over for a broken taillight and the cop arresting you for having a dead body in the back seat.