Publication

This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes federal statutes that expressly permit state and local police to enforce immigration law directly, and discusses the Supreme Court’s ruling in Arizona v. United States and significant, pre-Arizona lower court decisions concerning the ability of states and localities to assist in immigration enforcement. The report also briefly examines pre-Arizona opinions on the issue by the DOJ’s Office of Legal Counsel.