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Garcia, Michael John Manuel, Kate. Library of Congress.


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Congressional Research Service. Listed on Immigration [Featured Topic].

State and Local Authority to Enforce Immigration Law | Center for Immigration Studies

But in the mids, federal agencies like Immigration and Customs Enforcement began developing partnerships with local police departments based on the flawed premise that undocumented immigrants were more likely to be criminals. In reality, immigrants across the United States are less likely to engage in violent criminal activity, according to multiple studies. Local police departments across the U.

For local departments that have official immigration policies, what do those policies look like? We saw that, over time, there have been more departments that have added these written policies to the manuals they have for their officers.

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The other thing that we found is that cities with highly segregated blocks of Hispanic residents did not have these policies to stop their officers from putting their foot into immigration matters. Does giving local police the discretion to get involved in immigration enforcement actually make communities safer?


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  • In order to craft effective immigration reforms, federal policymakers must account for the role that states and localities play in carrying out stated federal priorities. Approximately 11 million unauthorized immigrants currently reside in the United States — and the total number of legal immigrants, smugglers, employers, and others who could be subject to immigration enforcement action is impossibly large. Because it is impossible to take action against everyone, federal administrations set immigration enforcement priorities.

    In practice, these targets were defined as migrants who had recently entered the U. Since , by contrast, the Trump Administration has taken a different approach to immigration enforcement, seeking to target all immigrants.

    How State and Local Governments Affect Federal Immigration Enforcement

    Days after his inauguration, President Trump replaced the previous priorities in an executive order that prioritizes for removal any noncitizens convicted or charged with any criminal offense — or committed acts that constitute a chargeable criminal offense. Also prioritized for removal under President Trump are any immigrants who have engaged in fraud or willful misrepresentation in connection with any official matter or application before a government agency; any who have abused any program related to the receipt of public benefits; and any who are subject to a final order of removal but have not complied with their legal obligation to depart the United States.

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    A final category targets for removal any immigrants who, in the judgment of an immigration officer, otherwise pose a risk to public safety or national security. Finally, the list President Trump issued was not ranked from highest to lowest priority, meaning all groups are equally at risk whenever they encounter federal agents.

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    Recent administrations have outsourced the identification of immigrants for enforcement actions to local law enforcement agencies and jails. This is done through programs that combine efforts by Immigration and Customs Enforcement — called ICE for short — with state criminal justice systems. In the g program, for instance, ICE deputizes certain state and local law enforcement to enforce immigration law.