Legal Issues in Local Police Enforcement of Federal Immigration Law
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Description
As local police consider taking on enforcement of federal immigration law, they should carefully consider the legal complexity of their role and legal constraints on methods of enforcement in a legal and institutional system that operates quite differently from local criminal justice systems. Local police enforcement of federal immigration law must account for local, state, and federal laws that govern the rights of community residents and the obligations of localities. It must also account for the civil nature of most immigration violations. Most importantly, it must be conducted in a way that avoids several common misconceptions about the supposed targets of immigration law enforcement, including confusion over their rights, status, and place in the community. The risk of error is high, and already several localities have been subject to lawsuits over unlawful arrests and detentions, the use of racial profiling in enforcement, poor conditions of confinement, and other violations of law. This paper discusses the legal complexities of federal immigration law enforcement in the local setting and the changing demographics of communities. Risks of liability provide yet another factor for police departments to consider before making a decision about whether to tread into this new field of enforcement.
Source Publication
The Role of Local Police: Striking a Balance Between Immigration Enforcement and Civil Liberties
Source Editors/Authors
Anita Khashu
Publication Date
2009
Recommended Citation
Morawetz, Nancy and Das, Alina, "Legal Issues in Local Police Enforcement of Federal Immigration Law" (2009). Faculty Chapters. 1993.
https://gretchen.law.nyu.edu/fac-chapt/1993
