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.

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