Local Police and Immigration Enforcement - Penn State Law · 2015-11-24 · Roadmap 1. Why the...
Transcript of Local Police and Immigration Enforcement - Penn State Law · 2015-11-24 · Roadmap 1. Why the...
![Page 1: Local Police and Immigration Enforcement - Penn State Law · 2015-11-24 · Roadmap 1. Why the issue of local police and immigration enforcement is controversial 2. Functions of the](https://reader036.fdocuments.in/reader036/viewer/2022063006/5fb7c1ac14e738420c7d81b1/html5/thumbnails/1.jpg)
Local Police and Immigration Enforcement
By: Pennsylvania State University School of Law’s Center for
Immigrants’ Rights
![Page 2: Local Police and Immigration Enforcement - Penn State Law · 2015-11-24 · Roadmap 1. Why the issue of local police and immigration enforcement is controversial 2. Functions of the](https://reader036.fdocuments.in/reader036/viewer/2022063006/5fb7c1ac14e738420c7d81b1/html5/thumbnails/2.jpg)
The Center for Immigrants’ Rights Under the supervision of Professor Shoba Sivaprasad Wadhia, clinical students participate in a range of activities including working with national and local organizational clients, individual case work, and conducting community education events.
![Page 3: Local Police and Immigration Enforcement - Penn State Law · 2015-11-24 · Roadmap 1. Why the issue of local police and immigration enforcement is controversial 2. Functions of the](https://reader036.fdocuments.in/reader036/viewer/2022063006/5fb7c1ac14e738420c7d81b1/html5/thumbnails/3.jpg)
Disclaimer
This presentation does not constitute legal advice.
![Page 4: Local Police and Immigration Enforcement - Penn State Law · 2015-11-24 · Roadmap 1. Why the issue of local police and immigration enforcement is controversial 2. Functions of the](https://reader036.fdocuments.in/reader036/viewer/2022063006/5fb7c1ac14e738420c7d81b1/html5/thumbnails/4.jpg)
Roadmap
1. Why the issue of local police and immigration enforcement is controversial
2. Functions of the Department of Homeland Security
3. Legal authority and limitations for local police to enforce immigration law
4. Policy reasons for why local police should limit their role in immigration enforcement
![Page 5: Local Police and Immigration Enforcement - Penn State Law · 2015-11-24 · Roadmap 1. Why the issue of local police and immigration enforcement is controversial 2. Functions of the](https://reader036.fdocuments.in/reader036/viewer/2022063006/5fb7c1ac14e738420c7d81b1/html5/thumbnails/5.jpg)
Why is the issue of local police and federal immigration
enforcement so controversial?
![Page 6: Local Police and Immigration Enforcement - Penn State Law · 2015-11-24 · Roadmap 1. Why the issue of local police and immigration enforcement is controversial 2. Functions of the](https://reader036.fdocuments.in/reader036/viewer/2022063006/5fb7c1ac14e738420c7d81b1/html5/thumbnails/6.jpg)
Who is responsible for enforcing immigration law?
• Department of Homeland Security – U.S. Customs and Border Protection
(CBP)
– U.S. Citizenship and Immigration Services (USCIS)
– U.S. Immigration and Customs Enforcement (ICE) • Enforcement and Removal Operations
(ERO)
• Homeland Security Investigations (HSI) Photo: www.dhs.gov
![Page 7: Local Police and Immigration Enforcement - Penn State Law · 2015-11-24 · Roadmap 1. Why the issue of local police and immigration enforcement is controversial 2. Functions of the](https://reader036.fdocuments.in/reader036/viewer/2022063006/5fb7c1ac14e738420c7d81b1/html5/thumbnails/7.jpg)
Do local police have explicit statutory authority to enforce immigration law?
![Page 8: Local Police and Immigration Enforcement - Penn State Law · 2015-11-24 · Roadmap 1. Why the issue of local police and immigration enforcement is controversial 2. Functions of the](https://reader036.fdocuments.in/reader036/viewer/2022063006/5fb7c1ac14e738420c7d81b1/html5/thumbnails/8.jpg)
Legal Authority for Local Police to Enforce Immigration
![Page 9: Local Police and Immigration Enforcement - Penn State Law · 2015-11-24 · Roadmap 1. Why the issue of local police and immigration enforcement is controversial 2. Functions of the](https://reader036.fdocuments.in/reader036/viewer/2022063006/5fb7c1ac14e738420c7d81b1/html5/thumbnails/9.jpg)
State Authority to Enforce Immigration Absent Congressional Authorization
• Preemption
Photo: Grassrootschange.net
![Page 10: Local Police and Immigration Enforcement - Penn State Law · 2015-11-24 · Roadmap 1. Why the issue of local police and immigration enforcement is controversial 2. Functions of the](https://reader036.fdocuments.in/reader036/viewer/2022063006/5fb7c1ac14e738420c7d81b1/html5/thumbnails/10.jpg)
Specific Examples of Interactions Between Local Police and ICE
– Sending fingerprints to federal agencies
– Detainers
• Secure Communities
• Priority Enforcement Program
– Criminal Alien Program (CAP)
![Page 11: Local Police and Immigration Enforcement - Penn State Law · 2015-11-24 · Roadmap 1. Why the issue of local police and immigration enforcement is controversial 2. Functions of the](https://reader036.fdocuments.in/reader036/viewer/2022063006/5fb7c1ac14e738420c7d81b1/html5/thumbnails/11.jpg)
• Lack of training
Public Safety and Policy Concerns When Local Police Carry Out
Immigration Enforcement Functions
![Page 12: Local Police and Immigration Enforcement - Penn State Law · 2015-11-24 · Roadmap 1. Why the issue of local police and immigration enforcement is controversial 2. Functions of the](https://reader036.fdocuments.in/reader036/viewer/2022063006/5fb7c1ac14e738420c7d81b1/html5/thumbnails/12.jpg)
Public Safety and Policy Concerns When Local Police Carry Out
Immigration Enforcement Functions
• Limited Resources
![Page 13: Local Police and Immigration Enforcement - Penn State Law · 2015-11-24 · Roadmap 1. Why the issue of local police and immigration enforcement is controversial 2. Functions of the](https://reader036.fdocuments.in/reader036/viewer/2022063006/5fb7c1ac14e738420c7d81b1/html5/thumbnails/13.jpg)
Public Safety and Policy Concerns When Local Police Carry Out
Immigration Enforcement Functions
• Lack of clarity in authority to enforce • Potential for civil liability due to unclear authority
![Page 14: Local Police and Immigration Enforcement - Penn State Law · 2015-11-24 · Roadmap 1. Why the issue of local police and immigration enforcement is controversial 2. Functions of the](https://reader036.fdocuments.in/reader036/viewer/2022063006/5fb7c1ac14e738420c7d81b1/html5/thumbnails/14.jpg)
Public Safety and Policy Concerns When Local Police Carry Out
Immigration Enforcement Functions
• Compromised public safety from chilling effect on relationship between local communities and police
• Negative perceptions of police
• Decreased reporting of crimes
• Decreased investigation and litigation assistance by witnesses
![Page 15: Local Police and Immigration Enforcement - Penn State Law · 2015-11-24 · Roadmap 1. Why the issue of local police and immigration enforcement is controversial 2. Functions of the](https://reader036.fdocuments.in/reader036/viewer/2022063006/5fb7c1ac14e738420c7d81b1/html5/thumbnails/15.jpg)
Positive Steps for Local Police in the Immigration Context
• Limited cooperation agreements
• Detainer Policies
• U and T visa certifications
• Implementation of immigrant-friendly initiative
![Page 16: Local Police and Immigration Enforcement - Penn State Law · 2015-11-24 · Roadmap 1. Why the issue of local police and immigration enforcement is controversial 2. Functions of the](https://reader036.fdocuments.in/reader036/viewer/2022063006/5fb7c1ac14e738420c7d81b1/html5/thumbnails/16.jpg)
Questions for Police Chief King