Enforcing Immigration Law: The Role of State and Local Law Enforcement
Abstract
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 108th Congress, such as the Clear Law Enforcement for Criminal Alien Removal Act of 2003 (CLEAR Act; H.R. 2671) and the Homeland Security Enhancement Act of 2003 (S. 1906) would enhance the role of state and local officials in the enforcement of immigration law. 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. 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. This potential expansion has provoked a variety of responses from lawmakers, scholars, interest groups, and law enforcement officials.
Document Details
- Document Type
- Technical Report
- Publication Date
- Mar 11, 2004
- Accession Number
- ADA473033
Entities
People
- Karma Ester
- Lisa M. Seghetti
- Stephen R. Vina
Organizations
- Library of Congress