Cops checking citizenship
Buckle up kids, this is from ICE’s own website, discussing the Federal program designed to train State and local officers in immigration enforcement. The authorization for this was given in 1996.
Sort of an FYI to those of you claiming that Arizona does not have the liberty to enforce its new immigration law.
Delegation of Immigration Authority Section 287(g)
Immigration and Nationality Act
A Law Enforcement Partnership
ICE ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) provides local law enforcement agencies an opportunity to team with ICE to combat specific challenges in their communities.
The 287(g) program is only one component under the ICE ACCESS umbrella of services and programs offered for assistance to local law enforcement officers.
ICE developed the ACCESS program in response to the widespread interest from local law enforcement agencies who have requested ICE assistance through the 287(g) program, which trains local officers to enforce immigration law as authorized through section 287(g) of the Immigration and Nationality Act.
Terrorism and criminal activity are most effectively combated through a multi-agency/multi-authority approach that encompasses federal, state and local resources, skills and expertise. State and local law enforcement play a critical role in protecting our homeland because they are often the first responders on the scene when there is an incident or attack against the United States. During the course of daily duties, they will often encounter foreign-born criminals and immigration violators who pose a threat to national security or public safety.
Section 287(g) of the Immigration and Nationality Act
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), effective September 30, 1996, added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act (INA). This authorizes the secretary of the U.S. Department of Homeland Security (DHS) to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers.
The cross-designation between ICE and state and local patrol officers, detectives, investigators and correctional officers working in conjunction with ICE 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.
Once again, the website: http://www.ice.gov/partners/287g/Section287_g.htm
I’m the one who indicated the bold and italicized text.
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I like that formulation: not that AZ has the right or ability or standing to enact 1070, but that they have the “liberty”. This is an exercise in federalism above all else. Of course, if the feds do not want the people reported to them by AZ or anyone else deported or otherwise subject to penalties, all they need to to is let them go. This they know they cannot do at least indefinitely. So the pushback on 1070, whatever else it plausibly is, is also and perhaps foremost an abrogation of border enforcement across the board. If this is what so many people want, why isn’t anyone running on it?
I’m extremely disgruntled at yesterday’s ruling.
The judge yesterday essentially said that the cops can’t enforce the law, nor arrest criminals.
The States enforce all kinds of Federal Laws, like murder, rape, drug sales, kidnapping, etc. It’s just this one that they cannot enforce?
It reeks of a political decision, and not a truly legal one.