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Enforcing Immigration Law: The Role of State and Local Law Enforcement [March 11, 2009]
"Since the September 11, 2001, terrorist attacks, the enforcement of our nation's immigration laws has received a significant amount of attention. Some observers contend that the federal government does not have adequate resources to enforce immigration law and that state and local law enforcement entities should be utilized. Others, however, question what role state and local law enforcement agencies should have in light of limited state and local resources and immigration expertise. Congress defined our nation's immigration laws in the Immigration and Nationality Act (INA), which contains both criminal and civil enforcement measures. [...] Indeed, several jurisdictions have signed agreements (INA §287(g)) with the federal government to allow their respective state and local law enforcement agencies to perform new, limited duties relating to immigration law enforcement. Still, the enforcement of immigration laws by state and local officials has sparked debate among many who question what the proper role of state and local law enforcement officials should be in enforcing such laws. For example, many have expressed concern over proper training, finite resources at the local level, possible civil rights violations, and the overall impact on communities. Some communities have taken steps to define or limit the involvement of local authorities in the implementation of immigration law. This report examines some of the policy and legal issues that may accompany an increased role of state and local law officials in the enforcement of immigration law."
Library of Congress. Congressional Research Service
Ester, Karma; Seghetti, Lisa M.; Garcia, Michael John
2009-03-11
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Enforcing Immigration Law: The Role of State and Local Law Enforcement [Updated August 30, 2007]
"Congress defined our nation's immigration laws in the Immigration and Nationality Act (INA), which contains both criminal and civil enforcement measures. Historically, the authority for state and local law enforcement officials to enforce immigration law has been construed to be limited to the criminal provisions of the INA; by contrast, the enforcement of the civil provisions, which includes apprehension and removal of deportable aliens, has strictly been viewed as a federal responsibility, with states playing an incidental supporting role. The legislative proposals that have been introduced, however, would appear to expand the role of state and local law enforcement agencies in the civil enforcement aspects of the INA. Congress, through various amendments to the INA, has gradually broadened the authority for state and local law enforcement officials to enforce immigration law, and some recent statutes have begun to carve out possible state roles in the enforcement of civil matters. Indeed, several jurisdictions have signed agreements (INA §287(g)) with the federal government to allow their respective state and local law enforcement agencies to perform new, limited duties relating to immigration law enforcement. Still, the enforcement of immigration laws by state and local officials has sparked debate among many who question what the proper role of state and local law enforcement officials should be in enforcing such laws. For example, many have expressed concern over proper training, finite resources at the local level, possible civil rights violations, and the overall impact on communities. Some communities have taken steps to define or limit the involvement of local authorities in the implementation of immigration law."
Library of Congress. Congressional Research Service
Ester, Karma; Nunez-Neto, Blas; Garcia, Michael John
2007-08-30
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Enforcing Immigration Law: The Role of State and Local Law Enforcement [Updated August 14, 2006]
From the Document: "Since the September 11, 2001, terrorist attacks, the enforcement of our nation's immigration laws has received a significant amount of attention. Some observers contend that the federal government does not have adequate resources to enforce immigration law and that state and local law enforcement entities should be utilized. Several proposals introduced in the 109th Congress would enhance the role of state and local officials in the enforcement of immigration law, including H.R. [House Resolution] 4437, S. 2612, S. 2454, H.R. 2092, H.R. 3137, S. 1362, S. 1438, H.R. 3333, H.R. 3776, H.R. 3938, S. 2611, and H.R. 1817. This proposed shift has prompted many to question what role state and local law enforcement agencies should have in the enforcement of immigration law, if any. [...] This report examines some of the policy and legal issues that may accompany the increasing role of state and local law officials in the enforcement of immigration law. This report will be updated as warranted."
Library of Congress. Congressional Research Service
Viña, Stephen R.; Seghetti, Lisa M.; Ester, Karma
2006-08-14
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Enforcing Immigration Law: The Role of State and Local Law Enforcement [Updated May 4, 2006]
From the Document: "Since the September 11, 2001, terrorist attacks, the enforcement of our nation's immigration laws has received a significant amount of attention. Some observers contend that the federal government does not have adequate resources to enforce immigration law and that state and local law enforcement entities should be utilized. Several proposals introduced in the 109th Congress would enhance the role of state and local officials in the enforcement of immigration law, including H.R. 4437, S. 2612, S. 2454, H.R. 2092, H.R. 3137, S. 1362, S. 1438, H.R. 3333, H.R. 3776, and H.R. 3938. This proposed shift has prompted many to question what role state and local law enforcement agencies should have in the enforcement of immigration law, if any."
Library of Congress. Congressional Research Service
Ester, Karma; Seghetti, Lisa M.; Viña, Stephen R.
2006-05-04
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Enforcing Immigration Law: The Role of State and Local Law Enforcement [Updated October 13, 2005]
"Since the September 11, 2001 terrorist attacks, the enforcement of our nation's immigration laws has received a significant amount of attention. Some observers contend that the federal government does not have adequate resources to enforce immigration law and that state and local law enforcement entities should be utilized. Several proposals introduced in the 109th Congress would enhance the role of state and local officials in the enforcement of immigration law, including the Save America Comprehensive Immigration Act of 2005 (H.R. 2092); Clear Law Enforcement for Criminal Alien Removal Act of 2005 (H.R. 3137); Homeland Security Enhancement Act of 2005 (S. 1362); Comprehensive Enforcement and Immigration Reform Act of 2005; Rewarding Employers that Abide by the Law and Guaranteeing Uniform Enforcement to Stop Terrorism Act of 2005 (H.R. 3333); Scott Gardner Act (H.R. 3776); and the Enforcement First Immigration Reform Act of 2005 (H.R. 3938). This proposed shift has prompted many to question what role state and local law enforcement agencies should have in the enforcement of immigration law, if any. Congress defined our nation's immigration laws in the Immigration and Nationality Act (INA) (8 U.S.C. §§1101 et seq.), which contains both criminal and civil enforcement measures. Historically, the authority for state and local law enforcement officials to enforce immigration law has been construed to be limited to the criminal provisions of the INA; by contrast, the enforcement of the civil provisions, which includes apprehension and removal of deportable aliens, has strictly been viewed as a federal responsibility, with states playing an incidental supporting role."
Library of Congress. Congressional Research Service
Ester, Karma; Seghetti, Lisa M.; Viña, Stephen R.
2005-10-13
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