NCJ Number
209673
Journal
Police Chief Volume: 72 Issue: 4 Dated: April 2005 Pages: 16-18,20,21
Editor(s)
Charles E. Higginbotham
Date Published
April 2005
Length
5 pages
Annotation
This article presents the position of the International Association of Chiefs of Police (IACP) on the role of State, tribal, and local law enforcement agencies (LEA's) in enforcing Federal immigration law.
Abstract
The IACP's position is that State, tribal, or local LEA's participation in the enforcement of immigration law is a local decision that must be made by a police chief, working with his/her elected officials, community leaders, and citizens. This article thus provides background information on the current status of immigration enforcement efforts; examines the concerns and impediments that currently hinder enforcement efforts by non-Federal LEA's; and outlines IACP's views on legislative proposals that address issues of immigration enforcement by non-Federal LEA's. The section on background information notes that non-Federal LEA's are not required to enforce Federal immigration laws. A discussion of the obstacles and concerns over local involvement in immigration enforcement addresses the following issues: confusion over criminal versus civil violations under immigration laws, the expanded training required for non-Federal LEA's to be prepared for enforcing immigration laws, the limitation on arrest without a warrant, liability concerns, and chilling effects on immigrants' cooperation with LEA's in investing crimes under State and local law. The IACP's position on any legislation that addresses non-Federal LEA's involvement in immigration law enforcement is that such involvement should be voluntary and without Federal sanctions against LEA's that choose not to enforce immigration laws. Further, LEA's that choose to enforce immigration laws should be eligible to receive Federal funding that may be used for a variety of uses related to immigration enforcement. Other issues that should be addressed in such legislation are clarification of the authority of non-Federal LEA's to enforce immigration laws, a liability shield, and training resources.