State and Local Authority to Enforce Immigration Law: A Unified Approach for Stopping Terrorists

Kris W. Kobach

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Immigration Law and Human Rights Criminal Law and Evidence Border Security and International Relations

Abstract

Enforcing our nation's immigration laws is one of the most daunting challenges faced by the federal government. With an estimated 8-10 million illegal aliens already present in the United States and fewer than 2,000 interior enforcement agents at its disposal, the Bureau of Immigration and Customs Enforcement (BICE) has a Herculean task on its hands - one that it simply cannot accomplish alone. The assistance of state and local law enforcement agencies can mean the difference between success and failure in enforcing immigration laws. The more than 650,000 police officers nation-wide represent a massive force multiplier. This Backgrounder briefly summarizes the legal authority upon which state and local police may act in rendering such asistance and describes the scenarios in which this assistance is most crucial.

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