Authority of State and Local Police to Enforce Federal Immigration Law

Authority of State and Local Police to Enforce Federal Immigration Law
Author: Michael John Garcia
Publisher: DIANE Publishing
Total Pages: 23
Release: 2011
Genre: Law
ISBN: 1437940889

This is a print on demand edition of a hard to find publication. The power to prescribe rules as to which aliens may enter the U.S. and which aliens may be removed resides solely with the federal government, and in particular with Congress. Deportation and associated administrative processes related to the removal of aliens are civil in nature, while certain violations of federal immigration law, such as smuggling unauthorized aliens into the country, carry criminal penalties. The ability of state and local police to make arrests for federal immigration violations is a subject of legal debate and conflicting jurisprudence. This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. Illustrations.

Enforcing Immigration Law at the State and Local Levels

Enforcing Immigration Law at the State and Local Levels
Author: Jessica Saunders
Publisher: Rand Corporation
Total Pages: 16
Release: 2014-05-20
Genre: Law
ISBN: 0833052853

Almost 12 million out-of-status aliens currently reside in the United States, and it is estimated that it will take 15 years and more than $5 billion for the Department of Homeland Security's Immigration and Customs Enforcement to apprehend just the current backlog of absconders. One proposed solution to this enforcement problem is for federal agencies to partner with state and local law-enforcement agencies to apprehend and deport fugitive aliens. Currently, the federal government does not require state and local agencies to carry out specific immigration enforcement actions; however, comprehensive immigration reform may address this issue in the near future. Before such legislation is drafted and considered, it is important to understand all the potential impacts of a policy incorporating immigration enforcement by nonfederal entities. As there is very limited evidence about the effects of involving state and local law enforcement in immigration enforcement duties, the authors seek to clarify the needs and concerns of key stakeholders by describing variations in enforcement approaches and making their pros and cons more explicit. They also suggest areas for research to add empirical evidence to the largely anecdotal accounts that now characterize discussions of the involvement of state and local law enforcement in immigration enforcement efforts.

State and Local Authority to Enforce Immigration Law

State and Local Authority to Enforce Immigration Law
Author: United States. Congress
Publisher: Createspace Independent Publishing Platform
Total Pages: 262
Release: 2018-02-15
Genre:
ISBN: 9781985546561

State and local authority to enforce immigration law : evaluating a unified approach for stopping terrorists : hearing before the Subcommittee on Immigration, Border Security, and Citizenship of the Committee on the Judiciary, United States Senate, One Hundred Eighth Congress, second session, April 22, 2004.

Crs Report for Congress

Crs Report for Congress
Author: Michael John Garcia
Publisher: BiblioGov
Total Pages: 30
Release: 2013-11
Genre:
ISBN: 9781293274279

The power to prescribe rules as to which aliens may enter the United States and which aliens may be removed resides solely with the federal government, and primarily with Congress. Concomitant to its exclusive power to determine which aliens may enter and which may stay in the country, the federal government also has the power to proscribe activities that subvert this system. Congress has defined our nation's immigration laws in the Immigration and Nationality Act (INA), a comprehensive set of laws governing legal immigration, naturalization, work authorization, and the entry and removal of aliens. These requirements are bolstered by an enforcement regime containing both civil and criminal provisions. Deportation and associated administrative processes related to the removal of aliens are civil in nature, while certain violations of federal immigration law, such as smuggling unauthorized aliens into the country, carry criminal penalties. Congressional authority to prescribe rules on immigration does not necessarily imply exclusive authority to enforce those rules. In certain circumstances, Congress has expressly authorized states and localities to assist in enforcing federal immigration law. Moreover, there is a notion that has been articulated in some federal courts and by the executive branch that states may possess "inherent" authority to assist in the enforcement of federal immigration law, even in the absence of clear authorization by federal statute. Nonetheless, states may be precluded from taking actions if federal law would thereby be thwarted.

Examining 287(G)

Examining 287(G)
Author: United States. Congress. House. Committee on Homeland Security
Publisher:
Total Pages: 108
Release: 2010
Genre: Law
ISBN:

Immigration Outside the Law

Immigration Outside the Law
Author: Hiroshi Motomura
Publisher: Oxford University Press, USA
Total Pages: 361
Release: 2014-05
Genre: History
ISBN: 0199768439

"A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it extremely difficult or even possible for scores of children to receive an education. The resulting landmark Supreme Court case, Plyler v. Doe (1982), established the constitutional right of children to attend public elementary and secondary schools regardless of legal status and changed how the nation approached the conversation about immigration outside the law. Today, as the United States takes steps towards immigration policy reform, Americans are subjected to polarized debates on what the country should do with its "illegal" or "undocumented" population. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura takes a neutral, legally-accurate approach in his attention and responses to the questions surrounding those whom he calls "unauthorized migrants." In a reasoned and careful discussion, he seeks to explain why unlawful immigration is such a contentious debate in the United States and to offer suggestions for what should be done about it. He looks at ways in which unauthorized immigrants are becoming part of American society and why it is critical to pave the way for this integration. In the final section of the book, Motomura focuses on practical and politically viable solutions to the problem in three public policy areas: international economic development, domestic economic policy, and educational policy. Amidst the extreme opinions voiced daily in the media, Motomura explains the complicated topic of immigration outside the law in an understandable and refreshingly objective way for students and scholars studying immigration law, policy-makers looking for informed opinions, and any American developing an opinion on this contentious issue"--