109th congress mandating local law enforcement enforce immigration
These were all reforms that FAIR advocated and fought for on Capitol Hill.Unfortunately, while the passage of these measures suggests progress, it is entirely uncertain whether they will bear fruit.
Police departments considering whether to seek a 287(g) cooperative agreement should first determine whether existing state and local laws in their jurisdiction already authorize their officers to carry out immigration enforcement functions.Furthermore, federal courts had repeatedly affirmed since 1984 that local police may inquire into immigration violations in the course of a routine stop (see e.g., U. The most important of the legislative actions provided in Section 287(g) of the Immigration and Nationality Act for the U. Attorney General (AG) to enter into written cooperative agreements with state and local governments to accept the services of state officers or employees in enforcing the INA.Under these agreements, state and local governments may designate officers or employees ("local officers") who will be authorized to "perform a function of [a federal] immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States." Upon approval of the cooperative agreement by the AG, the designated local officer becomes a limited federal immigration official.Although the Illegal Immigration and Immigrant Responsibility Act (IIRAIRA) of 1996 provied new authority for empowering local law enforcement agencies to enforce immigration law provisions against aliens illegally in the country, local police were never powerless to act on immigration law violations before adoption of that legislation.Local police departments have always had the ability to collaborate with the INS in enforcement operations. Attorney General John Ashcroft announced the conclusion of that OLC opinion in June 2002.Several proposals introduced in the 109th Congress would enhance the role of state and local officials in the enforcement of immigration law, including the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H. 4437); the Save America Comprehensive Immigration Act of 2005 (H. 2092); Clear Law Enforcement for Criminal Alien Removal Act of 2005 (H. 3137); Homeland Security Enhancement Act of 2005 (S. 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.
1362); Comprehensive Enforcement and Immigration Reform Act of 2005 (S. 3776); and the Enforcement First Immigration Reform Act of 2005 (H. 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.
Designated officers could continue to perform their state or local duties.
The scope and duration of the officer's immigration enforcement authority is negotiable.
The designated local officer is subject to the "direction and supervision of the AG" while performing the immigration enforcement function and, if the written agreement so specifies, may use federal property and facilities to accomplish that function.
While Section 287(g) emphasizes that the designated officer is not a federal employee, agreements created under this section may grant local officers all of the powers exercised by federal immigration officers and provide that the designated local officers will enjoy federal immunity.
1438); Rewarding Employers that Abide by the Law and Guaranteeing Uniform Enforcement to Stop Terrorism Act of 2005 (H.