State and local law enforcement officials feeling the heat from constituents frustrated over illegal immigration and crime are taking a new look at a little-used option that’s been around for years.
State and local law enforcement have an important role to play in federal immigration investigations. Section 287(g) of the Immigration and Nationality Act (INA) provides the legal authority for state and local enforcement to investigate, detain, and arrest aliens on civil and criminal grounds.
Any effective solution for reducing illegal border crossings and the unlawful population in the United States must address all three aspects of the problem: internal enforcement of immigration laws, international cooperation, and border security.
Section 287(g) of the INA allows the DHS and state and local governments to enter into assistance compacts. Both sides must agree on the scope and intent of the program before it is implemented, which gives states and local communities the flexibility to shape the programs to meet their needs. State and local law officers governed by a 287(g) agreement must receive adequate training and operate under the direction of federal authorities. In return, they receive full federal authority to enforce immigration law, thereby shifting liability to the federal government and providing the officers with additional immunity when enforcing federal laws.
Local communities that sincerely want to enforce immigration laws can do so legally and cost effectively through this training program. The program lasts five weeks and costs approximately $520 per officer. According to ICE, the cross-designation training, “allows these local and state officers: necessary resources and latitude to pursue investigations relating to violent crimes, human smuggling, gang/organized crime activity, sexual-related offenses, narcotics smuggling and money laundering; and increased resources and support in more remote geographical locations.”
Officers will be able to “interrogate any person believed to be an alien as to his right to be or remain in the United States,” and will have “the power and authority to arrest without warrant any alien entering or attempting to unlawfully enter the United States, or any alien in the United States, if the officer has reason to believe the alien to be arrested is in the United States in violation of law and is likely to escape before a warrant can be obtained.”
Democratic Governor Timothy Kaine of the Commonwealth of Virginia has stated that “I don’t believe immigration is one of the top issues in Virginia” and has refused to have the state participate in the Section 287(g) Program, even though many local municipalities in Virginia are doing so themselves. Why would he do that to the citizens of Virginia?
If illegal immigration is an illegal act, then why are some governments, acting as sanctuary cities, supporting it?
immigration, Immigration and Nationality Act, 287(g), Timothy Kaine
