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Authority Of State And Local Police To Enforce Federal Immigration Law
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Book Synopsis Authority of State and Local Police to Enforce Federal Immigration Law by : Michael John Garcia
Download or read book Authority of State and Local Police to Enforce Federal Immigration Law written by Michael John Garcia and published by DIANE Publishing. This book was released on 2011 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. The power to prescribe rules as to which aliens may enter the U.S. and which aliens may be removed resides solely with the federal government, and in particular with Congress. Deportation and associated administrative processes related to the removal of aliens are civil in nature, while certain violations of federal immigration law, such as smuggling unauthorized aliens into the country, carry criminal penalties. The ability of state and local police to make arrests for federal immigration violations is a subject of legal debate and conflicting jurisprudence. This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. Illustrations.
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Immigration, Border Security, and Citizenship Publisher : ISBN 13 : Total Pages :272 pages Book Rating :4.F/5 ( download)
Book Synopsis State and Local Authority to Enforce Immigration Law by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Immigration, Border Security, and Citizenship
Download or read book State and Local Authority to Enforce Immigration Law written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Immigration, Border Security, and Citizenship and published by . This book was released on 2004 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Enforcing Immigration Law at the State and Local Levels by : Jessica Saunders
Download or read book Enforcing Immigration Law at the State and Local Levels written by Jessica Saunders and published by Rand Corporation. This book was released on 2014-05-20 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost 12 million out-of-status aliens currently reside in the United States, and it is estimated that it will take 15 years and more than $5 billion for the Department of Homeland Security's Immigration and Customs Enforcement to apprehend just the current backlog of absconders. One proposed solution to this enforcement problem is for federal agencies to partner with state and local law-enforcement agencies to apprehend and deport fugitive aliens. Currently, the federal government does not require state and local agencies to carry out specific immigration enforcement actions; however, comprehensive immigration reform may address this issue in the near future. Before such legislation is drafted and considered, it is important to understand all the potential impacts of a policy incorporating immigration enforcement by nonfederal entities. As there is very limited evidence about the effects of involving state and local law enforcement in immigration enforcement duties, the authors seek to clarify the needs and concerns of key stakeholders by describing variations in enforcement approaches and making their pros and cons more explicit. They also suggest areas for research to add empirical evidence to the largely anecdotal accounts that now characterize discussions of the involvement of state and local law enforcement in immigration enforcement efforts.
Book Synopsis Policing Immigrants by : Doris Marie Provine
Download or read book Policing Immigrants written by Doris Marie Provine and published by University of Chicago Press. This book was released on 2016-06-14 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States deported nearly two million illegal immigrants during the first five years of the Obama presidency—more than during any previous administration. President Obama stands accused by activists of being “deporter in chief.” Yet despite efforts to rebuild what many see as a broken system, the president has not yet been able to convince Congress to pass new immigration legislation, and his record remains rooted in a political landscape that was created long before his election. Deportation numbers have actually been on the rise since 1996, when two federal statutes sought to delegate a portion of the responsibilities for immigration enforcement to local authorities. Policing Immigrants traces the transition of immigration enforcement from a traditionally federal power exercised primarily near the US borders to a patchwork system of local policing that extends throughout the country’s interior. Since federal authorities set local law enforcement to the task of bringing suspected illegal immigrants to the federal government’s attention, local responses have varied. While some localities have resisted the work, others have aggressively sought out unauthorized immigrants, often seeking to further their own objectives by putting their own stamp on immigration policing. Tellingly, how a community responds can best be predicted not by conditions like crime rates or the state of the local economy but rather by the level of conservatism among local voters. What has resulted, the authors argue, is a system that is neither just nor effective—one that threatens the core crime-fighting mission of policing by promoting racial profiling, creating fear in immigrant communities, and undermining the critical community-based function of local policing.
Book Synopsis Evaluating Gun Policy by : Jens Ludwig
Download or read book Evaluating Gun Policy written by Jens Ludwig and published by Rowman & Littlefield. This book was released on 2004-05-13 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compared with other developed nations, the United States is unique in its high rates of both gun ownership and murder. Although widespread gun ownership does not have much effect on the overall crime rate, gun use does make criminal violence more lethal and has a unique capacity to terrorize the public. Gun crime accounts for most of the costs of gun violence in the United States, which are on the order of $100 billion per year. But that is not the whole story. Guns also provide recreational benefits and sometimes are used virtuously in fending off or forestalling criminal attacks. Given that guns may be used for both good and ill, the goal of gun policy in the United States has been to reduce the flow of guns to the highest-risk groups while preserving access for most people. There is no lack of opinions on policies to regulate gun commerce, possession, and use, and most policy proposals spark intense controversy. Whether the current system achieves the proper balance between preserving access and preventing misuse remains the subject of considerable debate. Evaluating Gun Policy provides guidance for a pragmatic approach to gun policy using good empirical research to help resolve conflicting assertions about the effects of guns, gun control, and law enforcement. The chapters in this volume do not conform neatly to the claims of any one political position. The book is divided into five parts. In the first section, contributors analyze the connections between rates of gun ownership and two outcomes of particular interest to society—suicide and burglary. Regulating ownership is the focus of the second section, where contributors investigate the consequences a large-scale combined gun ban and buy-back program in Australia, as well as the impact of state laws that prohibit gun ownership to those with histories of domestic violence. The third section focuses on efforts to restrict gun carrying and includes a critical examination of efforts in Pittsburgh to patrol illegal gun traffic and a re-examination of the effects of permissive state gun-carrying laws. This section also features the first rigorous—and critical—analysis of Richmond's Project Exile, which serves as one model for the national Project Safe Neighborhoods program. The fourth section focuses on efforts to facilitate research on gun violence, including a database on state gun laws and the ongoing development of a nationwide violent-death reporting system. The book concludes with an examination of the policy process. Differences in opinion about gun policy flourish partly because of the lack of sound evidence in this area. The contributors to this volume demonstrate that skilled and dispassionate analysis of the evidence is attainable, even in an area as contentious as firearm policy. For pragmatists who wish to reduce the social burden of gun violence, there is no acceptable alternative.
Book Synopsis State Criminal Alien Assistance Program by :
Download or read book State Criminal Alien Assistance Program written by and published by . This book was released on 1996 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Examining 287(G) by : United States. Congress. House. Committee on Homeland Security
Download or read book Examining 287(G) written by United States. Congress. House. Committee on Homeland Security and published by . This book was released on 2010 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Congressional Research Service Publisher :Createspace Independent Publishing Platform ISBN 13 :9781545196731 Total Pages :24 pages Book Rating :4.1/5 (967 download)
Book Synopsis State and Local Sanctuary Policies Limiting Participation in Immigration Enforcement by : Congressional Research Service
Download or read book State and Local Sanctuary Policies Limiting Participation in Immigration Enforcement written by Congressional Research Service and published by Createspace Independent Publishing Platform. This book was released on 2017-04-06 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: The federal government is vested with the exclusive power to create rules governing which aliens may enter the United States and which aliens may be removed. However, the impact of alien migration, whether lawful or unlawful, is arguably felt most directly in the communities where aliens reside. State and local responses to unlawfully present aliens within their jurisdictions have varied considerably, particularly as to the role that state and local police should play in enforcing federal immigration law. While some states and municipalities actively participate in or cooperate with federal immigration enforcement efforts, others have actively opposed federal immigration authorities' efforts to identify and remove certain unlawfully present aliens within their jurisdictions. Entities that have adopted such policies are sometimes referred to as "sanctuary" jurisdictions. There is no official, formal, or agreed-upon definition of what constitutes a "sanctuary" jurisdiction, and there has been debate as to whether the term applies to particular states and localities. Moreover, state and local jurisdictions might have varied reasons for opting not to cooperate with federal immigration enforcement efforts, including for reasons not necessarily motivated by disagreement with federal policies, such as concern about potential civil liability or the costs associated with assisting federal efforts. Having said that, traditional sanctuary policies are often described as falling under one of three categories. First, so-called "don't enforce" policies generally bar the state or local police from assisting federal immigration authorities. Second, "don't ask" policies generally bar certain state or local officials from inquiring into a person's immigration status. Third, "don't tell" policies typically restrict information sharing between state or local law enforcement and federal immigration authorities. This report provides examples of various state and local laws and policies that fall into one of these sanctuary categories. The report also discusses federal measures designed to counteract sanctuary policies. For instance, Section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) and Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) were enacted to curb state and local restrictions on information sharing with federal immigration authorities. Additionally, the report discusses legal issues relevant to sanctuary policies. In particular, the report examines the extent to which states, as sovereign entities, may decline to assist in federal immigration enforcement and the degree to which the federal government can stop state measures that undermine federal objectives in a manner that is consistent with the Supremacy Clause and the Tenth Amendment. Indeed, the federal government's power to regulate the immigration and status of aliens within the United States is substantial and exclusive. Under the doctrine of preemption, derived from the Supremacy Clause, Congress may invalidate or displace state laws pertaining to immigration. This action may be done expressly or impliedly, for instance, when federal regulation occupies an entire field or when state law interferes with a federal regulatory scheme. However, not every state or local law related to immigration is preempted by federal law, especially when the local law involves the police powers to promote public health, safety, and welfare reserved to the states via the Tenth Amendment. Further, the anti-commandeering principles derived from the Tenth Amendment prohibit the federal government from directing states and localities to implement a federal regulatory program, like immigration.
Book Synopsis Immigration Enforcement by : Richard M. Stana
Download or read book Immigration Enforcement written by Richard M. Stana and published by DIANE Publishing. This book was released on 2009-12 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 287(g) of the Immigration and Nationality Act, as amended, authorizes the fed. govt. to enter into agreements with state and local law enforcement agencies to train officers to assist in identifying those individuals who are in the country illegally. U.S. Immigration and Customs Enforcement (ICE) is responsible for supervising state and local officers under this program. This report reviews: (1) the extent to which ICE has designed controls to govern 287(g) program implementation; and (2) how program resources are being used and the activities, benefits, and concerns reported by participating agencies. Illustrations.
Download or read book Illegal Aliens written by Kelly Downs and published by Nova Science Publishers. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text discusses the authority of state and local enforcement to assist in the enforcement of federal immigration law. It describes federal statutes that expressly permit state and local police to enforce immigration law directly, and analyses major cases concerning the ability of states and localities to assist in immigration enforcement.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law Publisher : ISBN 13 : Total Pages :426 pages Book Rating :4.:/5 (327 download)
Book Synopsis Public Safety and Civil Rights Implications of State and Local Enforcement of Federal Immigration Laws by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
Download or read book Public Safety and Civil Rights Implications of State and Local Enforcement of Federal Immigration Laws written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law and published by . This book was released on 2009 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The President and Immigration Law by : Adam Cox
Download or read book The President and Immigration Law written by Adam Cox and published by Oxford University Press, USA. This book was released on 2020 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: When President Barack Obama announced his plans to shield millions of immigrants from deportation, Congress and the commentariat pilloried him for acting unilaterally. When President Donald Trump attempted to ban immigration from six predominantly Muslim counties, a different collection ofcritics attacked the action as tyrannical. Beneath this polarized political resistance lies a widely shared belief: that Congress, not the President, makes our immigration policies, dictating who can come to the United States, and who can stay, in a detailed and comprehensive legislative code.InThe President and Immigration Law, Adam Cox and Cristina Rodriguez shatter the myth that Congress controls immigration policy. Drawing on a wide range of sources-rich historical materials, unique data on immigration enforcement, and insider accounts of our nation's massive immigrationbureaucracy-they tell the story of how the President became our immigration policymaker-in-chief over the course of two centuries. From founding-era debates over the Alien and Sedition Acts to Jimmy Carter's intervention during the Mariel boatlift from Cuba, presidential crisis management has playedan important role in this story. Far more foundational, however, has been the ordinary executive obligation to enforce the law. Over time, the power born of that duty has become the central vehicle for making immigration policy in the United States.A pathbreaking account of the President's relationship to Congress, Cox and Rodriguez's analysis helps us better understand how the United States ended up running an enormous shadow immigration system-one in which nearly half of all noncitizens living in America are here in violation of the law. Italso provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Book Synopsis Performance of 287(g) Agreements Between Immigration and Customs Enforcement and State and Local Law Enforcement Agencies by : Richard L. Skinner
Download or read book Performance of 287(g) Agreements Between Immigration and Customs Enforcement and State and Local Law Enforcement Agencies written by Richard L. Skinner and published by DIANE Publishing. This book was released on 2010-11 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Immigration and Customs Enforcement agency (ICE) delegates federal immigration enforcement authorities to state and local law enforcement agencies through its authority under section 287(g) of the Immigration and Nationality Act. This report examines the performance of 287(g) agreements with state and local authorities. ICE permits designated officers to perform certain immigration enforcement functions. This report observed instances in which ICE and participating law enforcement agencies were not operating in compliance with the terms of the agreements. It also noted several areas in which ICE had not instituted controls to promote effective program operations and address related risks. Includes recommendations. Illustrations.
Book Synopsis United States Code by : United States
Download or read book United States Code written by United States and published by . This book was released on 2012 with total page 1216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Enforcing Immigration Law at the State and Local Levels by : Jessica Saunders
Download or read book Enforcing Immigration Law at the State and Local Levels written by Jessica Saunders and published by Rand Corporation. This book was released on 2010 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost 12 million out-of-status aliens currently reside in the United States, and it is estimated that it will take 15 years and more than $5 billion for the Department of Homeland Security's Immigration and Customs Enforcement to apprehend just the current backlog of absconders. One proposed solution to this enforcement problem is for federal agencies to partner with state and local law-enforcement agencies to apprehend and deport fugitive aliens. Currently, the federal government does not require state and local agencies to carry out specific immigration enforcement actions; however, comprehensive immigration reform may address this issue in the near future. Before such legislation is drafted and considered, it is important to understand all the potential impacts of a policy incorporating immigration enforcement by nonfederal entities. As there is very limited evidence about the effects of involving state and local law enforcement in immigration enforcement duties, the authors seek to clarify the needs and concerns of key stakeholders by describing variations in enforcement approaches and making their pros and cons more explicit. They also suggest areas for research to add empirical evidence to the largely anecdotal accounts that now characterize discussions of the involvement of state and local law enforcement in immigration enforcement efforts.
Book Synopsis Immigration Outside the Law by : Hiroshi Motomura
Download or read book Immigration Outside the Law written by Hiroshi Motomura and published by Oxford University Press. This book was released on 2014-06-02 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1975, Texas adopted a law allowing school districts to bar children from public schools if they were in the United States unlawfully. The US Supreme Court responded in 1982 with a landmark decision, Plyler v. Doe, that kept open the schoolhouse doors, allowing these children to get the education that state law would have denied. The Court established a child's constitutional right to attend public elementary and secondary schools, regardless of immigration status. With Plyler, three questions emerged that have remained central to the national conversation about immigration outside the law: What does it mean to be in the country unlawfully? What is the role of state and local governments in dealing with unauthorized migration? Are unauthorized migrants "Americans in waiting?" Today, as the United States weighs immigration reform, debates over "illegal" or "undocumented" immigrants have become more polarized than ever. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura, author of the award-winning Americans in Waiting, offers a framework for understanding why these debates are so contentious. In a reasoned, lucid, and careful discussion, he explains the history of unauthorized migration, the sources of current disagreements, and points the way toward durable answers. In his refreshingly fair-minded analysis, Motomura explains the complexities of immigration outside the law for students and scholars, policy-makers looking for constructive solutions, and anyone who cares about this contentious issue.
Book Synopsis Immigration Enforcement by : Stephanie A. Westbrook
Download or read book Immigration Enforcement written by Stephanie A. Westbrook and published by Nova Science Publishers. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the new elements and legal issues pertaining to immigration enforcement in the United States. Topics include the scope of prosecutorial discretion in immigration enforcement; a look at whether administrative amnesty harms our efforts to gain and maintain operational control of the borders; defining and quantifying the criminal alien population and enforcement statistics; the various authorities governing immigration detainers and key legal issues; authority of the state and local police to enforce federal immigration law; the Supreme Court's ruling in Arizona v. United States and the implications for immigration enforcement activity by states and localities; immigration-related worksite enforcement performance measures; and border security and immigration enforcement between ports of entry.
