(no subject)

Date: 7/7/10 06:26 (UTC)
Your link also distinguishes between civil and criminal violations. I'm still not entirely clear on the distinction, but I did find this:

Federal Law Regarding State and Local Police Enforcement of Immigration Laws

Legislative provisions relating to civil immigration law enforcement by state and local police were included in two 1996 laws, the Anti-Terrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA).

AEDPA authorized state and local police to arrest and detain persons who are unlawfully present in the United States after being deported and who have “previously been convicted of a felony in the United States.” These persons would be deportable based on their criminal behavior, and their re-entry into the U.S. is itself an immigration crime.

IIRIRA authorized state and local police to enforce civil immigration laws in two very specific situations. IIRIRA amended an earlier version of the Immigration and Nationality Act (INA) that outlined state and local police roles in addressing a “mass influx of aliens.” The law now authorizes state and local police to enforce civil immigration laws when all of the following conditions are met: there is a “mass influx” of foreign nationals; the situation requires an immediate response from the federal government; and federal officials obtain the consent of the state or local supervising department.

IIRIRA also established a mechanism whereby the attorney general could delegate immigration law enforcement authorities to state and local police, provided the officers have undergone adequate training and have entered into a formal agreement with the Department of Justice. A Memorandum of Agreement is required between the state or locality and the Justice Department before the former can exercise any new immigration law enforcement powers. The MOA process (specified in section 287(g) of the INA) includes safeguards designed to ensure the integrity of local enforcement of federal civil laws and specifies that such arrangements are possible only when they do not supersede state or local laws that prohibit such arrangements. Each agreement is also very specific about what laws police can and cannot enforce.
(http://www.immigrationforum.org/images/uploads/Backgrounder-StateLocalEnforcement.pdf)
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