July 24, 2002
Attorney General to Authorize State or Local Law Enforcement Officers
to Exercise Federal Immigration Enforcement Authority
The Immigration and Naturalization Service (INS) published a final rule
on July 24, 2002, which sets out the process through which State or local
governments can agree to place authorized State or local law enforcement
officers under the direction of the INS to exercise the federal immigration
enforcement authority. The legal basis for this rule is found in the Immigration
and Nationality Act at section 103(a)(8). This final rule applies in times
of “a declared mass influx of aliens,” and allows the INS Commissioner to
enter into advance written “contingency agreements” with State or local
law enforcement officials to specify the terms and conditions, including
reimbursement of expenses, under which the State or local law enforcement
officers can exercise the federal immigration enforcement authority. The
rule includes measures for appropriate notifications to Congress and the
Administration. The INS instructed that this rule is necessary to ensure
that the INS, with the coordination of State or local governments, can respond
in an expeditious manner to urgent and quickly developing events during
a declared mass influx of aliens, to protect public safety, public health,
and national security, while ensuring that performance of duties under this
special authorization is consistent with constitutional and civil rights
protections. This rule is effective August 23, 2002.
Federal Register: Powers of the Attorney General to Authorize
State or Local Law Enforcement Officers To Exercise Federal Immigration
Enforcement Authority During a Mass Influx of Aliens (PDF/62 kb, 8 pages)
|
|