State & Local Immigration Enforcement

Following is a list of resources about state and local immigration enforcement.

2010

The Performance of 287(g) Agreements

April 02, 2010 - Department of Homeland Security Office of Inspector General

This report documents widespread deficiencies in ICE's 287(g) program. The IG found that ICE needs to take the following steps among others: establish appropriate performance measures and targets to determine whether program results are aligned with program goals; develop guidance for supervising 287(g) officers; enhance overall 287(g) program oversight; establish data collection and reporting requirements to address civil rights and civil liberties concerns; and improve 287(g) training programs.

A Program in Flux: New Priorities and Implementation Challenges for 287(g)

March 25, 2010 - Cristina Rodríguez, Muzaffar Chishti, Randy Capps, and Laura St. John, Migration Policy Institute

This report compares the pre-2009 Memoranda of Agreement (MOAs) in the 287(g) program with the new standardized agreement and identifies the crucial factors that must be considered as ICE and law enforcement agencies implement the new MOA.

The Persistence of Racial Profiling in Gwinnett

March 23, 2010 - American Civil Liberties Union of Georgia

This report discusses racial profiling in Gwinnett County, Georgia, before and after the implementation of a 287(g) agreement with ICE, and the impact of the 287(g) program and racial profiling on the Gwinnett immigrant community, especially on Latino immigrants.

The 287(g) Program: The Costs and Consequences of Local Immigration Enforcement in North Carolina

March 22, 2010 - Mai Thi Nguyen and Hannah Gill, University of North Carolina at Chapel Hill

This report examines the 287(g) program in North Carolina, looking at the relationship between immigration and crime, the cost of the 287(g) program to taxpayers, and whether or not the program meets its stated goals and improves public safety. It recommends that 287(g) agreements be limited to processing people convicted of felonies, and that local jurisdictions should consider alternatives to 287(g) that are more effective in fighting crime without alienating communities.

2009

The C.A.P. Effect: Racial Profiling in the ICE Criminal Alien Program

September 16, 2009 - Trevor Gardner II and Aarti Kohli, The Chief Justice Earl Warren Institute on Race, Ethnicity & Diversity

The goal of the Criminal Alien Program (CAP) is to improve safety by promoting federal-local partnerships to target serious criminal offenders for deportation. This study shows that in Irving, Texas, discretionary arrests of Hispanics for petty offenses rose dramatically. Study of arrest data finds strong evidence to support claims that Irving police engaged in racial profiling of Hispanics in order to filter them through the CAP screening system.

Immigration Enforcement & Local Law Enforcement: The ABC’s of State and Local Coordination Programs

August 11, 2009 - National Immigration Forum

This fact sheet gives a basic explanation of several DHS programs that coordinate with local law enforcement, including the 287(g) program, the Border Enforcement Security Task Force, the Criminal Alien Program, Intergovernmental Service Agreements, Secure Communities, and the State Criminal Alien Assistance Program.

Justice Denied: The Improper Clearance of Unsolved Crimes by the Maricopa County Sheriff’s Office

May 21, 2009 - Clint Bolick, Goldwater Institute Scharf-Norton Center for Constitutional Litigation

In Maricopa County, Arizona, about three times as many cases that reach the Sheriff's Office are reportedly cleared by exception rather than arrest, which essentially reports unsolved crimes as solved. Clearing cases by exception when they do not meet the FBI's criteria creates a false impression of law-enforcement effectiveness, leaves crimes unsolved, and deprives crime victims of justice.

The Role of Local Police: Striking a Balance Between Immigration Enforcement and Civil Liberties

May 20, 2009 - Police Foundation

This report discusses local law enforcement concerns about, among other things, the impact of local police immigration enforcement on the relationship between immigrant communities and police and the probability of reduced cooperation of witnesses and victims of crime, thereby having a negative overall impact on public safety. It includes recommendations and policy positions. Executive Summary

Local Enforcement of Immigration Laws Through the 287(g) Program: Time, Money, and Resources Don’t A

April 01, 2009 - Immigration Policy Center

This fact sheet summarizes a number of reports issued recently about the 287(g) program, showing that the program is costly for localities, has been used to target undocumented workers instead of criminals, takes away resources from fighting crime, and creates a climate of fear of the police..

Debunking the Myth of “Sanctuary Cities”: Community Policing Policies Protect American Communities

March 03, 2009 - Lynn Tramonte, Americas Voice, for the Immigration Policy Center

Police who rely upon community policing policies do not provide "sanctuary" to undocumented immigrants. They already have the authority to arrest criminals regardless of immigration status. Community policing policies are essential to encouraging immigrants to access police protection and protecting the entire community.

Local Democracy on ICE: Why State and Local Governments have no Business in Federal Immigration Law Enforcement

February 28, 2009 - Aarti Shahani and Judith Greene, Justice Strategies

Communities that have 287(g) agreements in place are experience racial profiling and, in Latino communities, a rise in crime higher than the national average. The program has lead to overburdened courts and increased costs for detention.

The Policies and Politics of Local Immigration Enforcement Laws: 287(g) Program in North Carolina

February 15, 2009 - American Civil Liberties Union of North Carolina Legal Foundation and the University of North Carolina at Chapel Hill

One of the outcomes of the 287(g) program as implemented in North Carolina is reluctance among immigrants to contact police if they are victims or witnesses of crimes because of the risk of being jailed or deported themselves. Additionally, there are growing concerns that law enforcement officers are targeting Hispanic-appearing individuals for minor traffic offenses..

Immigration Enforcement: Better Controls Needed over Program Authorizing State and Local Enforcement

January 30, 2009 - U.S. Government Accountability Office

This GAO report examines the 287(g) program by researching: (1) the level of ICE oversight and, (2) the use of program resources and review of memoranda of agreement between ICE and the 29 participating local agencies.

2008

Laws, Resolutions, Policies Limiting Enforcement of Immigration Laws by State and Local Authorities

December 03, 2008 - National Immigration Law Center

A chart with links to local laws, resolutions, and policies.

Mission Unaccomplished: The Misplaced Priorities of the Maricopa County Sheriff’s Office

December 02, 2008 - Clint Bolick, the Goldwater Institute

The Maricopa County (AZ) Sheriff's Office has diverted resources away from basic law-enforcement functions to highly publicized immigration sweeps. Under its watch violent crime rates recently have soared, both in absolute terms and relative to other jurisdictions. It has allowed a huge backlog of outstanding warrants to accumulate, and its detention facilities are subject to costly lawsuits for excessive use of force and inadequate medical services.

Forcing Our Blues into Gray Areas: Local Police and Federal Immigration Enforcement, a Legal Guide f

January 31, 2008 - Appleseed

Appleseed's report discusses trends in local enforcement of federal immigration laws and suggests what advocates can do about it.

2007

Backgrounder: Immigration Law Enforcement by State and Local Police

September 06, 2007 - National Immigration Forum

This backgrounder discuses the problems related to the enforcement of immigration laws by state and local police, and the inclusion of non-criminal immigration violators in the National Crime Information Center.

Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act

September 06, 2007 - Immigration and Customs Enforcement

An explanation of the provision of law that authorizes the secretary of DHS to enter into agreements with state and local law enforcement agencies to enforce immigration laws. Includes a list of jurisdictions that have entered into agreements with DHS as of September 2007.

Police Chiefs Guide to Immigration Issues

July 01, 2007 - Internatinal Association of Chiefs of Police

This document provides police chiefs with an overview of the issues surrounding immigration, both legal and illegal, provides background information on the current resources available to law enforcement, and examines the concerns and obstacles that currently surround the debate over immigration enforcement by the state, tribal, and local law enforcement community.

2006

Recommendations For Enforcement of Immigration Laws By Local Police Agencies

June 08, 2006 - Major Cities Chiefs Immigration Committee

This document outlines concerns regarding local and state enforcement of immigration laws. The Major Cities Chiefs are the 57 Chief Executive Officers of police departments in metropolitan areas with more than 1.5 million people.

State and Local Police Enforcement of Federal Immigration Laws: A Tool Kit for Advocates

March 30, 2006 - National Council of La Raza, National Immigration Forum, American Immigration Lawyers Association, et. al.

Designed to help advocate against federal, state, and local efforts to involve state and local police in the enforcement of federal immigration laws and to speak with the media about this issue. Includes how-to guides on media and grassroots advocacy, information about how to build a grassroots coalition, and model materials (including sample op-eds, editorials, and resolutions).

2005

Blurring the Lines: A Profile of State and Local Police Enforcement of Immigration Law Using the National Crime Information Center Database, 2002-2004

December 08, 2005 - Migration Policy Institute

This study found that 42% of all NCIC immigration hits in response to a police query were "false positives," where DHS was unable to confirm that the individual was an actual immigration violator.

2004

No Need for the CLEAR Act: Building Capacity for Immigration Counterterrorism Investigations

April 21, 2004 - Heritage Foundation

This paper argues that legislation to give state and local police the power to investigate, apprehend and even deport illegal aliens is the wrong approach to securing the U.S. from terrorists

Enforcing Immigration Law: The Role of State and Local Law Enforcement

March 11, 2004 - Congressional Research Service

Examines some of the policy and legal issues that may accompany the increasing role of state and local law officials in the enforcement of immigration law.

2003

Immigration Enforcement by Local Police: The Impact on the Civil Rights of Latinos

March 10, 2003 - National Council of La Raza

Concludes that history has shown that collaboration between the INS and local law enforcement has resulted in an erosion of community trust, civil rights violations, and litigation.