Local Police and Federal Immigration Enforcement
The laws governing the proper role of the local police in stopping, arresting, questioning, and detaining individuals in an effort to enforce federal immigration law are far from settled, and the policy debate is moving quickly. For decades, it was understood that state and local police could not stop, arrest, or detain individuals for civil violations of the immigration law, such as being present in the United States without authorization.
However, in recent years, the Department of Justice and some members of Congress have encouraged an expanded role for state and local police in immigration enforcement. Although there is no obligation for local and state police to enforce immigration law, plenty of confusion exists over this point. Some states and local law enforcement agencies have entered into memoranda of understanding (MOUs) with federal authorities to assist in immigration law enforcement. Some states are passing legislation to address immigration issues, including legislation to change the role of local law enforcement. Even in jurisdictions without such agreements or laws, community members may encounter local police who mistakenly believe they are required to enforce federal immigration laws.
How Washington Appleseed is Helping
The Appleseed network compiled a legal guide, Forcing our Blues into Gray Areas: Local Police and Federal Immigration Enforcement that analyzes the history of legislation and court decisions establishing whether local and state police have the authority to enforce immigration law.
While the legal status of enforcement authority remains murky, the serious implications for communities are clear. As this guide outlines, many police departments and local governments around the country have opposed state and local police enforcement of immigration laws based on their concerns that it undermines community policing efforts, public safety, and effective counter-terrorism initiatives. The final section of this guide provides suggestions about what advocates can do to help create good policies within their communities. For the sake of effective policing, now is the time for community engagement in these decisions at the local level.
Publications
Download a free copy of Forcing our Blues into Gray Areas: Local Police and Federal Immigration Enforcement.
Pro Bono and Community Partners
And a very special thank you to our pro bono volunteers: Pooja Bhatia, Saklaine Hedaraly, Thomas A. Jacob, Veronica G. Kayne, Jennifer H. Lee, Stephen Obenski, Angela Pegram, Sarah E. Stafford, Jonathan Thessin, Yanala Charles, Zane Tucker, Carole Walsh, Laura Feldman, Eileen Hershenov, Cecilia Muñoz, Darcy Tromanhauser, Omar Jadwat of the American Civil Liberties Union, Flavia Jimenez and Michele Waslin of National Council of La Raza, Linton Joaquin of the National Immigration Law Center, Anita Sinha of the International Institute of the East Bay, Nicola Wells of the Center for Community Change, and Professor Michael Wishnie of Yale Law School.