Latino Farm Research Immigration

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Basics on The Immigration Issue

Up to now, state and local law enforcement agencies have not been required to enforce federal immigration laws. Local police forces, especially those working in diverse urban communities, are generally adverse to having this responsibility. They are acutely aware that if such a requirement is imposed on them, their ability to gain the trust of their immigrant residents will be severely impaired, and so will their ability to fight crime and protect public safety.

Nevertheless, in the 108th Congress, legislation was drafted to require local police to enforce immigration laws. The proposal unleashed criticism from scores of police departments, law enforcement associations, and state and local governments. The legislation went nowhere. That has not stopped proponents of the idea. Anti-immigrant members of Congress, less concerned with the public safety mission of local police than with the prospect of having thousands of additional bodies available to round up undocumented immigrant workers and their families, are back in the 109th Congress with a multitude of proposals that would chip away at the separation of immigration law enforcement and criminal law enforcement.

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Immigration Reform Legislation

Several bills have been introduced in this Congress that contain provisions having to do with local police enforcement of immigration laws. Some of those bills are:

Bills with House and Senate Versions

Clear Law Enforcement for Criminal Alien Removal ("CLEAR") Act of 2005
H.R. 3137, introduced by Representative Charles Norwood (R-GA), and 44 original co-sponsors.

Homeland Security Enhancement Act of 2005
S. 1362, introduced by Senator Jeff Sessions (R-AL), with Larry Craig (R-ID), James Inhofe (R-OK), and Johnny Isakson (R-GA).

These very similar but not identical bills would, among other things make clear that state and local law enforcement personnel are authorized to enforce U.S. immigration laws, and would make it illegal for (or cut certain funding to) states that prohibit their enforcement agencies from enforcing immigration laws. They would establish criminal penalties for unlawful presence in the U.S. and increase penalties for illegal entry and failure to depart. They would provide for the listing of immigration violators in the National Crime Information Center database (the FBI database that is used by police to check for criminal activity of persons they detain). They would attempt to provide limited immunity for personal liability and civil rights abuses to state and local officers and agencies enforcing immigration laws.

Senate Bills

Illegal Immigration Enforcement and Empowerment Act
S. 1823, introduced by Sen. Kay Bailey Hutchison (R-TX).

Among other things, this bill would make it clear that a "State or unit of local government" may enforce federal immigration laws, and would establish a pilot "Volunteer Border Marshal Program."

The Comprehensive Enforcement and Immigration Reform Act
S. 1438, introduced by Senators John Cornyn (R-TX) and Jon Kyl (R-AZ).

Among other things, this bill clarifies the authority of State and local law enforcement officers to enforce Federal immigration laws and encourages State and local law enforcement agencies to collect information regarding immigration violators and to share it with DHS.

Border Security and Interior Enforcement Improvement Act
S. 2061, introduced by Sen. Ben Nelson (D-NE).

Among other things, this bill would require state and local enforcement agencies to share information about undocumented immigrants with the federal government, and would require information about those who have been ordered removed and certain others to be entered into the National Crime Information Center (NCIC) database. It would also affirm state and local government's "inherent authority" to enforce federal immigration laws.

House Bills

The Border Protection, Antiterrorism, and Illegal Immigration Control Act
H.R. 4437, introduce by Rep. James Sensenbrenner (R-WI)

Among other things, this bill would re-affirm the "inherent authority" of state and local police to enforce federal immigration laws. It would provide for training in immigration law for state and local officers, and authorizes spending for grants to state and local agencies that help enforce immigration laws. It would also require entry of information about persons who have been ordered removed or who have overstayed their visas into the National Crime Information Center (NCIC) database.

The Scott Gardner Act
H.R. 3776, Introduced by Rep. Sue Myrick (R-NC) and Mike McIntyre (D-NC)

Among other things, this bill would require the director of each state and local law enforcement agency to collect and report all immigration information collected in the course of normal duties to DHS. This information would be placed in the National Crime Information Center database.

The Enforcement First Immigration Reform Act
H.R. 3938, Introduced by Rep. J.D. Hayworth (R-AZ) and 23 original co-sponsors.

This bill incorporates many of the elements of the CLEAR Act in a much larger bill.

The TRUE Enforcement and Border Security Act
H.R. 4313, introduced by Rep. Duncan Hunter (R-CA) and 22 original co-sponsors.

Among other things, this bill provides for training for of state and local enforcement officials in immigration enforcement matters. It grants to state and local officials enforcing immigration laws the same immunity as federal officials have.

The Secure Our Nation's Interior Act
H.R. 4079, introduced by Rep. John Sullivan (R-OK) and seven original co-sponsors

Among other things, this bill would make it clear that states and localities have "inherent authority" to enforce immigration laws.

Keep Americans Safe Act
H.R. 4172, introduced by Rep. Robert Ney (R-OH).

Among other things, this bill would "reaffirm" the "inherent authority" of state and local governments to enforce federal immigration laws. It would also require information about persons who have been ordered removed and certain others to be entered into the National Crime Information Center (NCIC) database. It also has provisions dealing with federal and local handling of detained aliens.

REAL GUEST Act
H.R. 3333, introduced by Rep. Thomas Tancredo (R-CO).

Among other things, this bill would require the input of information about persons who have been ordered deported, agreed to voluntarily depart, or overstayed their visa into the National Crime Information Center (NCIC) database. It "reaffirms" the "inherent authority" of states and localities to enforce immigration laws. It also has provisions dealing with federal and local handling of detained aliens, and establishes a university in Oklahoma as the site of a training center for state and local police.

Border Law Enforcement Act
H.R. 4360, introduced by Rep. John Culberson (R-TX) and 31 original co-sponsors.

This bill has to do with cooperation between local law enforcement agencies and the Border Patrol in counties adjacent to the southern border. It establishes a Designated County Law Enforcement Assistance program to provide financial assistance and authorization for the law enforcement operations of Sheriffs in these counties.

Border Protection Corps Act
H.R. 3622, introduced by Rep. John Culberson (R-TX) and 47 original co-sponsors.

This bill would authorize Governors of states along our international borders to raise militias to patrol the border.

Homeland Security Volunteerism Enhancement Act
H.R. 4099, introduced by Rep. Michael McCaul (R-TX) and 4 original co-sponsors.

This bill would establish a "Border Corps" of volunteers who would be directed by the Department of Homeland Security Office of State and Local Government Coordination and Preparedness.

Gang Deterrence and Community Protection Act
H.R. 1279, introduced by Rep. Randy Forbes (R-VA) and 7 original co-sponsors.

Among other things, this bill would require information about persons with final orders of removal, or voluntary departure agreements or who have overstayed their visas to be entered into the National Crime Information Center (NCIC) database.

Status

H.R. 4437 has passed the House. (See below for link to separate page on this bill.) Parts of S. 1438, including modified portions pertaining to state and local law enforcement, are being considered in the Senate Judiciary Committee. (See below for link to separate page on comprehensive immigration reform.)

H.R. 1279, the Gang Deterrence and Community Protection Act, also passed the House, on May 11, 2005.

For More Information

Summary: Clear Law Enforcement for Alien Removal (CLEAR) Act, National Immigration Law Center and National Council of La Raza.

Summary: Homeland Security Enhancement Act, National Council of La Raza and National Immigration Law Center.

Issue in Brief: Immigration Law Enforcement by State and Local Police, National Immigration Forum, January 2006.

For information on The Comprehensive Enforcement and Immigration Reform Act (S. 1438), see the page on comprehensive immigration reform. Elements of that bill served as the basis for some of the  "Chairman's Mark" draft bill on comprehensive immigration reform compiled by Senator Arlen Specter (R-PA). For a summary of that draft, see: Summary of Chairman Specter’s Mark: Comprehensive Immigration Reform.

For more information on H.R. 4437, see the page, Enforcement Only Will Not Fix Our Broken Immigration System

For more information on the Gang Deterrence and Community Protection Act (H.R. 1279), see the page, Gang Bill Includes Provisions That Would Further Erode Immigrant Rights.

Legislative Analysis: Analysis of NCIC Provisions in the Gang Deterrence and Community Protection Act of 2005 (H.R. 1279), National Immigration Forum, June 2005.

Links: Local Law Enforcement Issues, National Immigration Law Center. Links to analysis and resources for advocates on this issue.

Issue Brief: The National Crime Information Center (NCIC) Database: Recent Policies Affecting Individuals, Communities, and Law Enforcement Officials, Rights Working Group, September 26, 2005.

Advocacy Manual: Forcing Our Blues into Gray Areas: Local Police and Federal Immigration Enforcement, a Legal Guide for Advocates, Appleseed, January 2006.