Wednesday, September 28, 2022

Can Local Police Enforce Immigration Law

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National Fugitive Operations And Absconder Apprehension Initiatives

Massachusetts Supreme Court Rules State, Local Police Cannot Enforce Federal Immigration Law

The National Fugitive Operations Program identifies, apprehends, and removes aliens who have failed to surrender for removal or comply with a removal order. The NFOP gives priority to criminal aliens cases.

The Absconder Apprehension Initiative was initially created to clear up the backlog of cases of aliens who had an unexecuted final order of removal. Absconders are unauthorized or criminal aliens or nonimmigrants who violated immigration law and have been ordered deported by an immigration court. In 2001, the former INS Commissioner, James Ziglar, in cooperation with the Federal Bureau of Investigation , began to list the names of absconders in the FBI’s National Criminal Information Center .3 Today, ICE’s Absconder Apprehension Initiative uses the data available from the NCIC databases “as a virtual force multiplier.”4

The Supreme Court Has Upheld State And Local Cooperation And Assistance Provisions

In 2012, the United States Supreme Court in U.S. v. Arizona upheld state legislation that requires state and local law enforcement officers to make a reasonable attempt to ascertain the immigration status of persons involved in a lawful stop when officers have a reasonable suspicion that the person is unlawfully present. Specifically, Section 2 of Arizona Senate Bill 1070 was found to be consistent with Congressional intent and therefore not federally preempted. Section 2 requires law enforcement to presume a detainee is lawfully present in the United States if he or she provides a valid Arizona drivers license or similar identification, and prohibits law enforcement from considering race, color or national origin except to the extent permitted by the U.S. and Arizona Constitutions.

Conversely State And Local Sanctuary Policies May Be Preempted By Federal Law

The United States Supreme Court has repeatedly held that state laws and policies are preempted when they conflict with federal law, as well as when they stand as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. Congress has set priorities through the INA to determine who may enter and remain in the United States. Sanctuary laws, ordinances, and policies shield aliens from the administration of federal law, thereby frustrating the execution of immigration law as Congress intended.

Additionally, in De Canas v. Bica the Supreme Court held that any state law or policy related to immigration will be per se preempted if it is a regulation of immigration because the power to regulate immigration is unquestionably exclusively a federal power. A state law or policy is a regulation of immigration when it determines who should or should not be admitted into the country, and under what conditions they may remain. Sanctuary laws, ordinances, or policies regulate immigration because they essentially decide who may remain in the United States. In particular, state and local governments that ignore the federal governments request to hold an alien for pick-up or for notification of release regulate immigration because they take away the decision over who can remain in the country by shielding them from federal prosecution. As a result, such laws, ordinances, and policies should be per se preempted by federal law.

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Immigration Enforcement Impacts Education

One study looks at how 287 programs and Secure Communities changed educational choices of Hispanic students. The study uses data on Hispanic children ages six to seventeen from 2000 to 2013. It shows that increasing immigration enforcement raises the likelihood that Hispanic students in grades K8 will repeat a grade. In addition, and more significantly, the study also finds that more children between fourteen and seventeen years old drop out of school entirely.Catalina Amuedo-Dorantes and Mary J. Lopez, The Hidden Educational Costs of Intensified Immigration Enforcement: Hidden Educational Costs of Enforcement, Southern Economic Journal 84, no. 1 : 120-154 at pp. 124125, 131133, 148, .

Educational attainment is an important predictor of long-term success for individuals. Educated children, whether immigrants or citizens, also make greater contributions to public budgets and economic growth in the United States. If enforcement programs reduce investment in education, they likely create long-term losses for the country as well as the local communities where immigrants live and work.

The Problem Of Illegal Immigrants In The United States

Judge strikes blow to US immigration enforcement tactics

Illegal Immigrants in the U.S Illegal immigration has been a problem for the United States for a long time. This is not new and thousands of illegal immigrants have come into the U.S. through either the Mexican border or through many other ways. There are many problems which develop, including economy, rising crime rates and unemployment. Therefore, the American government must control the flow of illegal immigrants into America in order to provide more opportunities for Americans. Paraphrases The economy, as a system of resource use and distribution, is important because resources are finite.

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Databases And Surveillance Technologies

Another key mechanism of entanglement between federal immigration enforcement and the criminal legal system is the complex and opaque set of databases and technology that enable information-sharing and cooperation between authorities in the programs described above.

These systems include: 1) FBIs Next Generation Identification database and DHSs Automated Biometric Identification System , which contain personal identifying information and fingerprints that are central to the information sharing component of Secure Communities 41 2) Homeland Advanced Recognition Technology , which is currently being built into potentially the largest database of biometric and biographic information on citizens and foreigners in the United States, shareable with federal agencies and state and local law enforcement agencies 42 and 3) the National Crime Information Center , described by the FBI as an electronic clearinghouse of crime data that can be tapped into by virtually every criminal justice agency nationwide, 24 hours a day, 365 days a year, which currently contains civil immigration records including prior removal orders.43

In addition to these databases, federal immigration authorities in some locations also have access to facial recognition technologies used by local law enforcement agencies.47

What To Do When The Police Or Ice Arrive

  • Ask if they are immigration agents and what they are there for.
  • Ask the agent or officer to show you a badge or identification through the window or peephole.
  • Ask if they have a warrant signed by a judge. If they say they do, ask them to slide it under the door or hold it up to a window so you can inspect it.
  • Dont lie or produce any false documents. Dont sign anything without speaking with a lawyer first.
  • Do not open your door unless ICE shows you a judicial search or arrest warrant naming a person in your residence and/or areas to be searched at your address. If they dont produce a warrant, keep the door closed. State: I do not consent to your entry.
  • If agents force their way in, do not resist. If you wish to exercise your rights, state: I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.
  • If you are on probation with a search condition, law enforcement is allowed to enter your home.

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Immigration Enforcements Unintended Consequences

In addition to failing to meet its intended purpose, programs such as 287 and Secure Communities have unintended neg- ative consequences. For example, academic research suggests these programs decrease trust in the criminal justice system and appear to reduce educational attainment among immigrant communities.

Immigrants Are Less Likely To Report Crimes

Can Federal Officers Take Over For Local Law Enforcement? | NBC News NOW

Targeting innocent individuals and minor offenders creates ripple effects that may decrease community safety. Multiple studies underscore how immigration-enforcement programs erode trust in local law enforcement and therefore decrease crime reporting. Immigration scholar Michele Waslin found evidence that the 287 program and Secure Communities decrease the ability of local law enforcement agencies to develop a trusting relationship with the communities they protect. When local police coordinate with federal immigration officials, immigrants fear that if they report crimes and cooperate with the police, they will be subject to immigration enforcement and consequent deportation and separation from their families.23. Michele Waslin, The Secure Communities Program: Unanswered Questions and Continuing Concerns , 1-22 at pp.11, . They are also more likely to be the victims of crimes because criminals do not expect undocumented immigrants to report wrongdoings against them because of their fear and lack of trust. Rachel R. Ray, Insecure Communities: Examining Local Government Participation in US Immigration and Customs Enforcements Secure Communities Program Immigration Enforcement: Voices for Change, Seattle Journal for Social Justice, no. 1 : 325-386 at pp. 334.

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Cooperation With Federal Immigration Officials Promotes Public Safety

State and local law enforcement are often on the front lines in dealing with crime involving transnational gang activity, human trafficking, smuggling, drug related offenses, and other serious crimes often tied to illegal immigration. When state and local law enforcement fail to contact federal immigration officials, criminal aliens are able to reenter communities and engage in further criminal activity at the expense and safety of citizens and lawful aliens. For example, in July of 2015, 32 year-old Kate Steinle was shot and killed on Pier 14 in San Francisco by an illegal alien who had seven convictions and five previous deportations. The suspect had previously been in local law enforcement custody, but was released by the county sheriffs office after it refused to honor a detainer request that ICE put on the suspect. Tragically, Steinle is just one of countless victims of preventable crimes committed by illegal aliens.

Following a spike in jurisdictions refusing to cooperate with the federal government in 2014, ICE analyzed the effect of noncooperation nationally. A Center for Immigration Studies review of these ICE records revealed that roughly 340 jurisdictions across the nation have some form of sanctuary policy . The ICE data further revealed:

What To Do In Such An Encounter

  • In some states, you must provide your name to law enforcement if you are stopped and told to identify yourself. But even if you give your name, you dont have to answer other questions.
  • If you are driving and are pulled over, the officer can require you to show your license, vehicle registration and proof of insurance, but you dont have to answer questions about your immigration status.
  • Customs officers can ask about your immigration status when entering or leaving the country. If you are a lawful permanent resident who has maintained your status, you only have to answer questions establishing your identity and permanent residency. Refusal to answer other questions will likely cause delay, but officials may not deny you entry into the United States for failure to answer other questions. If you are a non-citizen visa holder, you may be denied entry into the U.S. if you refuse to answer officers questions.

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Jayapal Works To End Deputization Of Local Police To Enforce Immigration Law

PROTECT Immigration Act would rescind the 287 Program while repealing the federal governments authority to deputize state and local police to enforce federal immigration law

WASHINGTON U.S. Representatives Pramila Jayapal , Mike Quigley , and Jesús Chuy García joined U.S. Senator Cory Booker today in reintroducing the PROTECT Immigration Act. The legislation ends the deputization of local and state police departments to enforce immigration law by rescinding the statutory authority for the federal governments 287 Program, which allows the Department of Homeland Security to enter into agreements with state and local law enforcement agencies for the purposes of enforcing federal immigration law.

While weve begun a new presidential administration, we still need to put an end to our countrys long history of targeting, profiling, and tearing apart immigrant communities while criminalizing those who call them home, said Jayapal. A critical first step is ending the unnecessary deputization of local and state police departments to enforce outdated federal immigration law. Doing so will not only make our communities more safe but will begin to humanely reform our broken immigration system so its focused on dignity, fairness, and family unity.

The Members also sent a letter to DHS Secretary Alejandro Mayorkas that urges the agency to terminate all existing 287 agreements.

Specifically, the PROTECT Immigration Act would:

Local Police Limited In Immigration Enforcement

we dont enforce immigration law says washtenaw county sheriff

APPLETON – Local police don’t enforce immigration law because it’s outside the scope of their powers, Fox Cities law enforcement leaders told USA TODAY NETWORK-Wisconsin.

Without specific training, arresting someone because of their immigration status “would be like me going to Illinois and trying to arrest somebody in Illinois for a crime,” Appleton Police Chief Todd Thomas said. “I don’t have the authority or jurisdiction to do that.”

To enforce immigration laws, an officer would have to attend training to become part of a federal program, he said.

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It’s not police practice to ask about an individual’s immigration status, he said. But if officers come in contact with someone through a call, a traffic stop or a case they’re investigating, run their name and find out that immigration authorities have a warrant out for them, police will detain them and notify the appropriate officials, he said.

That has always been Appleton’s policy, and Thomas said he believes it’s the policy of almost all law enforcement agencies in the state.

Despite President Donald Trump’s executive order on immigration last month that targets so-called “sanctuary cities” and recent reports of immigration raids by Immigration and Customs Enforcement, local police are not doing anything differently than they have in the past.

Appleton officials, meanwhile, pushed back against being characterized as a “sanctuary city.”

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Fear Of Arrest And Deportation Makes Victims Reluctant To Report Domestic Violence Assaults And Others Crimes And To Protect Their Communities

Creating a just and humane immigration system is one of the most urgent and challenging issues facing the Biden-Harris administration. And contemporary political rhetoric about immigration often trots out the unfounded, xenophobic and fearmongering argument that cracking down on immigration and immigrants is necessary for public safety. That couldn’t be more wrong.

As law enforcement leaders, we’ve seen firsthand how anti-immigrant policies make everyone less safe. We also understand the profound power of the president to influence immigration policy in ways that can either promote or threaten public safety.

While comprehensive immigration reform and achieving a just and humane immigration system will require more than executive orders, President Joe Biden can get us closer to these objectives by taking action where he can. The White House recently rescinded rules from the Trump administration that allowed federal immigration officers to use courthouses to target individuals for possible immigration violations.

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This is an important step to building community trust, but the president must go further and end, once and for all, programs that entangle local police agencies in federal immigration activities.

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It doesnt have to be this way.

Legal Opinion By The Department Of Justice Office Of Legal Counsel

In 2002, the Department of Justices Office of Legal Counsel issued an extremely important legal opinion explaining that state and local police officers have the inherent authority to arrest illegal aliens and transfer them to federal custody, regardless of whether the aliens have committed criminal or civil violations of immigration law. U.S. Attorney General John Ashcroft announced the conclusion of that OLC opinion in June 2002. However, the full opinion was only made available to the public as a result of a Freedom of Information Act lawsuit. The local arrest authority recognized in this opinion is a critical component of immigration enforcement. Read the full opinion .

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How To Reduce Risk To Yourself

  • Stay calm. Dont run, argue, or obstruct the officer or agent. Keep your hands raised where they can see them.
  • If you are in a car, pull over in a safe place as quickly as possible. Turn off the engine, turn on the internal light, open the window part way and place your hands on the wheel. Upon request, show police your drivers license, registration, and proof of insurance.
  • If you are not a U.S. citizen and an immigration agent requests your papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent.

Your rightsIn a car:

On an airplane:

  • A pilot may refuse to fly a passenger if he or she reasonably believes that the passenger is a threat to flight safety. A pilot may not, however, question you or refuse to allow you on a flight because of bias based on your religion, race, national origin, gender, ethnicity, or political beliefs.
  • If you believe you are mistakenly on a no-fly list, you should review our guidance on No-Fly lists here.

On buses and trains:

Can Local Police Enforce Immigration Law

New immigration guidelines’ impact on local law enforcement

Immigration Law is a policy formed by the federal government to identify foreign countries entering the United States via standard airport arrival or any port of entry and the duration of their legal stay. Under this law holds the process of obtaining a Lawful Permanent Residence or being a Green Cardholder.

Apart from this, the law is also responsible for non-citizens who illegally entered the country, extended their departure date, or falsified their documentations, to have them undergo immigration court hearing secondary to removal proceedings or deportation.

Secondary to this federal law, the United States Congress is given an exclusive right to enact the scope of immigration. However, according to HG Legal Resources, it is stated that state governments are restricted from the execution of the said law. Regardless of this rule, various states had passed laws that enable local police to legally investigate a non-citizens immigration status, which some find odd and confusing since its contradictory to the federal law.

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