	Introduction

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 has scarce resources to enforce immigration law and that state and local law enforcement entities should be utilized. Still, many continue to question what role state and local law enforcement agencies should have in light of limited state and local resources and immigration expertise. States and localities have traditionally only been permitted to directly enforce certain criminal provisions that fall under their jurisdictions, whereas the enforcement of the civil provisions has been viewed as a federal responsibility with states playing an incidental supporting role. The Immigration and Nationality Act (INA) (8 U.S.C. In previous Congresses, several proposals had been introduced, however, that would appear to expand the role of state and local law enforcement agencies in the civil regulatory aspects of immigration law (i.e., identifying and detaining deportable aliens for purposes of removal). This potential expansion has prompted many to examine the legal authority by which state and local law enforcement agencies may enforce immigration law, particularly the civil enforcement measures. This report examines the role of state and local law enforcement in enforcing immigration law. Accordingly, the court concluded that the authority of state officials to enforce the provisions of the INA "is limited to criminal provisions." Section 1252c(a) states in part:
[T]o the extent permitted by relevant State and local law, State and local law enforcement officials are authorized to arrest and detain an individual who— (1) is an alien illegally present in the United States; and (2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction, but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal custody for purposes of deporting or removing the alien from the United States. Civil Rights

One of the overriding concerns with state and local police involvement in the enforcement of immigration law is the potential for civil rights violations. Pro/Con Analysis of State and Local Law Enforcement Officials Enforcing Immigration Law

Determining what the proper role of state and local law enforcement officials is in enforcing immigration law is not without controversy.
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. Historically, the authority for state and local law enforcement officials to enforce immigration law has been construed to be limited to certain criminal provisions of the INA that also fall under state and local jurisdictions; 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. In previous Congresses, several proposals had been set forth that 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.
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. It will be updated as warranted.