The Congressional Research Service (CRS), in a Mar.

11, 2004 report entitled "Enforcing Immigration

Law: The Role of State and Local Law Enforcement," offered the following:
"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. To this end, several proposals
introduced in the 108th Congress would enhance the role of state and local law officials in the
enforcement of immigration law. 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 bear the primary responsibility for defining and prosecuting crimes. But beyond
enforcing the laws or ordinances of their state or locality, state and local officials may also have the
authority to enforce some federal laws, especially criminal laws. Immigration law provides for both
criminal punishments (e.g., alien smuggling, which is prosecuted in the courts) and civil violations (e.g.,
lack of legal status, which may lead to removal through a separate administrative system). The states
and localities have traditionally only been permitted to directly enforce the criminal provisions, whereas
the enforcement of the civil provisions has been viewed as a federal responsibility with states playing an
incidental supporting role."

Mar. 11, 2004

- CRS 2004 Enforcing Immigration Law: The Role of State and Local Law Enforcement (204 KB)

Congressional Research Service (CRS)

Should State or Local Governments Enforce Federal

Immigration Laws?
PRO (yes)

CON (no)

Janice K. Brewer, Governor (R) of the State of

Arizona, issued the Apr. 23, 2010 executive order
"Establishing Law Enforcement Training for
Immigration Laws 0101-09," available at
www.azgovernor.gov, that stated:

Thomas A. Saenz, JD, President and General

Counsel of the Mexican-American Legal Defense
and Educational Fund (MALDEF), stated the
following in a Apr. 27, 2010 Special to CNN "Huge
Risks of Arizona Immigration Law," available at
www.cnn.com:
"With her signature Friday on Senate Bill 1070,
Gov. Jan Brewer launched Arizona into a
maelstrom of national controversy, community
conflict and extreme fiscal risk... SB 1070 will be
subject to multiple legal challenges, and the state
will devote precious resources to defend a law that

"Senate Bill 1070 (57 KB)

was signed into
law on April 23, 2010, and establishes a statewide
policy to discourage and deter the unlawful entry
and presence of aliens and economic activity by
persons unlawfully present in the United States...

Senate Bill 1070 requires a law enforcement

official or a law enforcement agency of this state,
county, city, town or other political subdivision
when lawful contact is made and reasonable
suspicion exists that the person is an alien who is
unlawfully present in the United States, to
reasonably attempt, when practicable, to
determine the immigration status of the person...
[I]mmigration enforcement by police agencies shall
be implemented in a manner consistent with
federal laws regulating immigration, protecting the
civil rights of all persons and respecting the
privileges and immunities of United States
citizens."

Apr. 23, 2010

- Janice K. Brewer

Charlie Norwood, DDS, U.S. Representative (RGA), in a July 9, 2003 House of Representatives
statement, introduced the Clear Law Enforcement
for Criminal Alien Removal Act of 2003 (H.R.
2671), as follows:
"There are upwards of 400,000 individuals who
have received final deportation orders that are
hiding in our communities. Their appeals have run
out, and those orders tell them, 'it's time to go.'
But, the Bureau of Immigration and Customs
Enforcement can't find them!.. Let me say up front
that I respect the new leadership at the
Department of Homeland Security and appreciate
the fact that they are acknowledging the INS' past
mistakes. But there is no way the 2,000 agents
they have assigned to find some 400,000 people
can get the job done. They need help from the
folks who come across these people everyday
during routine traffic stops and during other
activities in the course of their regular duty - police
officers...
First and foremost, this bill will clarify that state and

has so many serious constitutional flaws that it will

likely never be implemented...
Coincidentally, Arizona's SB 1070 suffers from
many of the same constitutional flaws as
California's Proposition 187... federal court struck
down Proposition 187 as an unconstitutional
attempt to regulate immigration, which is a role that
belongs exclusively to the federal government.
SB 1070 is an even more direct attempt to
establish the state's own immigration law and
enforcement scheme...
SB 1070 would dramatically change every
Arizonan's daily experience, especially anyone
whose appearance, name, language or accent fits
the stereotype of the undocumented.
It is this invitation or direction to police to engage in
racial profiling, together with the state's
unconstitutional attempt to regulate immigration,
that makes it unlikely that SB 1070 can ever be
implemented."

Apr. 27, 2010

- Thomas A. Saenz, JD

The California Police Chiefs' Association in a Sep.

19, 2003 letter to U.S. Senator Dianne Feinstein
(D-CA), stated:
"It is the strong opinion of the California Police
Chiefs Association that in order for local and state
law enforcement organizations to be effective
partners with their communities, it is imperative
that they not be placed in the role of detaining and
arresting individuals based solely on a change in
their immigration status."
Sep. 19, 2003

- California Police Chiefs' Association -

Letter (44 KB )

California Police Chiefs' Association

local officers have the inherent authority to arrest

and detain criminal and illegal aliens during the
normal course of their duty. We are a nation of The California Senate Public Safety Committee, in
laws and it is just plain common sense to allow a Aug. 21, 2002 bill analysis entitled "AJR 57 these officers to enforce all the laws..."
Local Peace Officer Enforcement of Federal
Immigration and Nationality Act," with 44 support July 9, 2003
- House of Representatives Bill H. R. 2671
23 oppose votes, argued:
"Clear Law Enforcement for Criminal Alien Removal Act of
"[I]mmigration enforcement by local police will not
make us safer from terrorism. Eroding the rapport
and trust between communities and police will, in
2003" (65 KB)
fact, make us less safe. Police need the
cooperation of the communities they serve and
protect to collect information about suspicious
behavior so they can prevent terrorism and other
crime. In communities where people are afraid to
Charlie Norwood, DDS
talk to police, more crimes go unreported, fewer
witnesses come forth, and people are less likely to
report suspicious activity. Battered immigrant
Jeff Sessions, JD, U.S. Senator (R-AL), in his women are particularly vulnerable, especially if
Senate Bill S. 1906, entitled "Homeland Security they are married to a citizen or lawful resident.
Enhancement Act of 2003," introduced on Nov. 20,
2003, mandated:
Local law enforcement agencies have opposed the
"Notwithstanding any other provision of law and U.S. Department of Justice's proposed plan [Clear
reaffirming the existing inherent authority of States, Act H.R. 2671] to have them enforce immigration
law enforcement personnel of a State or a political laws because it will adversely affect their ability to
subdivision of a State have the inherent authority properly enforce state and local laws in the diverse
of a sovereign entity to apprehend, arrest, detain, communities they serve."
or transfer to Federal custody aliens in the United
States (including the transportation of such aliens
Aug. 21, 2002
- Bill Analysis "AJR 57 - Local Peace
across State lines to detention centers), in the Officer Enforcement of Federal Immigration and Nationality Act"
enforcement of the immigration laws of the United
States. This State authority has never been
(219 KB)
displaced or preempted by Congress."
Nov. 20, 2003

- Senate Bill S. 1906 "Homeland Security

California Senate Public Safety Committee

Enhancement Act of 2003" (65 KB)

The Major Cities Chiefs Association, in a June 8,

2006 immigration committee report entitled
"Recommendations
For
Enforcement
of
Immigration Laws By Local Police Agencies,"
concluded that:
Jeff Sessions, JD
"Immigration enforcement by local police would
likely negatively effect and undermine the level of
trust and cooperation between local police and
NumbersUSA.com, an advocacy group for immigrant communities. If the undocumented
immigration reduction, in the section entitled "Hot immigrants primary concern is that they will be
Topic: State and Local Police in Immigration Law

Enforcement" on its website (accessed June 15,

2007) stated:
"State and local police are badly needed to help
overwhelmed federal immigration authorities
apprehend and detain illegal aliens in the interior
of our country. Bills have been introduced in
Congress to encourage and facilitate such
collaberation between federal and state/local law
enforcement (and improve interior enforcement by
other means too). Here is why the bills are so
badly needed:
Illegal aliens outnumber federal immigration
agents by 5,000 to one. Only 2,000 are active in
enforcing the immigration laws in the interior of our
country. This number is too small to apprehend
more than a fraction of the illegal alien population
now here... There doesn't appear to be much
chance in the near future that the number of
federal agents assigned to interior enforcement will
reach anywhere near the level that would be
required for the feds to do the job by themselves.
More than 600,000 state and local law
enforcement officers already come into contact
with illegal aliens every day. Many of them, in the
course of their normal duties on their regular beat,
routinely observe and even stop illegal aliens
for example for traffic violations. And the vast
majority of these officers believe deeply in the rule
of law and want to help protect the security of their
country."

deported or subjected to an immigration status

investigation, then they will not come forward and
provide needed assistance and cooperation.
Distrust and fear of contacting or assisting the
police would develop among legal immigrants as
well. Undoubtedly legal immigrants would avoid
contact with the police for fear that they
themselves or undocumented family members or
friends may become subject to immigration
enforcement.
Enforcement of federal immigration laws would be
a burden that most major police agencies would
not be able to bear under current resource levels.
[...] The specific immigration status of any
particular person can vary greatly and whether
they are in fact in violation of the complex federal
immigration regulations would be very difficult if not
almost impossible for the average patrol officer to
determine. At this time local police agencies are ill
equipped in terms of training, experience and
resources to delve into the complicated area of
immigration enforcement.
For example, the Katy, Texas Police Department
participated in an immigration raid with federal
agents in 1994. A total of 80 individuals who were
detained by the police were later determined to be
either citizens or legal immigrants with permission
to be in the country. The Katy police department
faced suits from these individuals and eventually
settled their claims out of court."
June 8, 2006

June 15, 2007

- Recommendations For Enforcement of

- NumbersUSA.com
Immigration Laws By Local Police Agencies" (660 KB)

James Jay Carafano, PhD, Senior Research

Fellow for National Security and Homeland
Security in the Kathryn and Shelby Cullom Davis
Institute for International Studies, in a June 14,
Major Cities Chiefs Association
2004 testimony before the House Select
Committee on Homeland Security, stated:
"The DHS [U.S. Department of Homeland
Chris McGill, MA, President of El Paso (TX)
Security] and the states should pursue, and
Municipal Police Officers Association, in a Oct. 9,
Congress should support, the use of Section 287
2003 El Paso Times article entitled "Immigration
of the Immigration and Naturalization Act (INA) as
Proposal Puts Burden on Police," stated:

a mechanism for state and local law enforcement

to enforce the immigration aspect of border
security. Section 287 (g) of the INA provides
authority for state and local enforcement to
investigate, detain, and arrest aliens on civil and
criminal grounds. Officers governed by a 287 (g)
agreement must receive adequate training and
operate under the direction of federal authorities.
In addition, in a civil lawsuit, the state law
enforcement officers would be considered to have
been acting under federal authority, thereby
shifting liability to the federal government and
providing additional immunity for the state law
enforcement officers enforcing federal laws."

"From a law-enforcement point of view, I dont

know how productive it would be to have police
officers ask for green cards. Its more important
that people feel confident calling the police."

Oct. 9, 2003

- Carl McGill, MA

The Greenville News, a South Carolina daily

newspaper, in a Dec. 29, 2006 editorial entitled
"Local Immigration Enforcement," offered the
following:
"Beaufort County [South Carolina] shouldn't have
June 14, 2004
- James Jay Carafano, PhD
to check whether businesses there are hiring
illegal immigrants. No local government should,
and most probably don't want to be put in that
position. But Beaufort County passed an ordinance
this week that would let the county strip the
Thomas G. Tancredo, U.S. Representative (R- business license from any company that employs
CO), in a U.S. House statement retrieved from the illegal immigrants. The law certainly is wellSep. 21, 2006 Congressional Record, expressed founded -- Illegal immigrants are costing
the following:
Americans jobs.
"One of the bills today is of particular interest to
me. It is the State and Local Law Enforcement The problem is, enforcing immigration law is not a
Cooperation Act, and it talks about what we need local government's responsibility. The federal
to do and the authority of the State and local law government should be ensuring that businesses
enforcement to voluntarily investigate, identify, don't knowingly hire people who are not legally
apprehend, arrest, detain, and transfer to Federal eligible for employment. But the feds have failed.
custody aliens in the U.S. in order to assist in the And that leaves it up to states, counties and cities.
enforcement of the immigration laws... if everybody If this problem is going to be fixed, Congress is
had done their job there, including the Federal going to need to step in and pass real immigration
Government, and the job had been done at the reform. That reform should have strictly enforced
local level, this gentleman [convicted murderer] penalties for those who hire illegal immigrants.
would have been off of the streets... We need to Until then, places like Beaufort County have little
engage the local communities in this effort to help choice but to take matters into their own hands
us... It is our true and one single responsibility."

Sep. 21, 2006

- Thomas G. Tancredo