Download or read book State and Local Sanctuary Policies Limiting Participation in Immigration Enforcement written by Congressional Research Service and published by Createspace Independent Publishing Platform. This book was released on 2017-04-06 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: The federal government is vested with the exclusive power to create rules governing which aliens may enter the United States and which aliens may be removed. However, the impact of alien migration, whether lawful or unlawful, is arguably felt most directly in the communities where aliens reside. State and local responses to unlawfully present aliens within their jurisdictions have varied considerably, particularly as to the role that state and local police should play in enforcing federal immigration law. While some states and municipalities actively participate in or cooperate with federal immigration enforcement efforts, others have actively opposed federal immigration authorities' efforts to identify and remove certain unlawfully present aliens within their jurisdictions. Entities that have adopted such policies are sometimes referred to as "sanctuary" jurisdictions. There is no official, formal, or agreed-upon definition of what constitutes a "sanctuary" jurisdiction, and there has been debate as to whether the term applies to particular states and localities. Moreover, state and local jurisdictions might have varied reasons for opting not to cooperate with federal immigration enforcement efforts, including for reasons not necessarily motivated by disagreement with federal policies, such as concern about potential civil liability or the costs associated with assisting federal efforts. Having said that, traditional sanctuary policies are often described as falling under one of three categories. First, so-called "don't enforce" policies generally bar the state or local police from assisting federal immigration authorities. Second, "don't ask" policies generally bar certain state or local officials from inquiring into a person's immigration status. Third, "don't tell" policies typically restrict information sharing between state or local law enforcement and federal immigration authorities. This report provides examples of various state and local laws and policies that fall into one of these sanctuary categories. The report also discusses federal measures designed to counteract sanctuary policies. For instance, Section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) and Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) were enacted to curb state and local restrictions on information sharing with federal immigration authorities. Additionally, the report discusses legal issues relevant to sanctuary policies. In particular, the report examines the extent to which states, as sovereign entities, may decline to assist in federal immigration enforcement and the degree to which the federal government can stop state measures that undermine federal objectives in a manner that is consistent with the Supremacy Clause and the Tenth Amendment. Indeed, the federal government's power to regulate the immigration and status of aliens within the United States is substantial and exclusive. Under the doctrine of preemption, derived from the Supremacy Clause, Congress may invalidate or displace state laws pertaining to immigration. This action may be done expressly or impliedly, for instance, when federal regulation occupies an entire field or when state law interferes with a federal regulatory scheme. However, not every state or local law related to immigration is preempted by federal law, especially when the local law involves the police powers to promote public health, safety, and welfare reserved to the states via the Tenth Amendment. Further, the anti-commandeering principles derived from the Tenth Amendment prohibit the federal government from directing states and localities to implement a federal regulatory program, like immigration.
Download or read book State and Local sanctuary Policies Limiting Participation in Immigration Enforcement written by Michael John Garcia and published by . This book was released on 2015 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the power to prescribe rules as to which aliens may enter the United States and which aliens may be removed resides solely with the federal government, the impact of alien migration - whether lawful or unlawful - is arguably felt most directly in the communities where aliens settle. Although state and local restrictions on cooperation with federal immigration enforcement efforts have existed for decades, there has reportedly been an upswing in the adoption of these measures in recent years. Moreover, the nature of these restrictions has evolved over time, particularly in response to the development of new federal immigration enforcement initiatives like Secure Communities, which enable federal authorities to more easily identify removable aliens in state or local custody. Entities that have adopted such policies are sometimes referred to as 'sanctuary' jurisdictions, though there is not necessarily a consensus as to the meaning of this term or its application to a particular state or locality. This report discusses legal issues related to state and local measures that limit law enforcement cooperation with federal immigration authorities.
Download or read book State and Local sanctuary Policies Limiting Participation in Immigration Enforcement written by and published by . This book was released on 2017 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trust in Immigration Enforcement written by Ming Hsu Chen and published by . This book was released on 2015 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conventional wisdom, backed by legitimacy research, is that most people obey most of the laws, most of the time. This turns out to not be the case in a study of state-local participation in immigration law enforcement. Two enforcement programs involving the use of immigration detainers, a vehicle by which the federal government (through ICE) requests that local law enforcement agencies (LEAs) detain immigrants beyond their scheduled release upon suspicion that they are removable, demonstrate the breakdown of conventional wisdom. In the five years following initiation of the Secure Communities program, a significant and growing number of states and localities have declined to cooperate with federal immigration detainer requests or enacted sanctuary policies -- ultimately leading to the demise of the Secure Communities program and a reworking of federal-local partnerships in immigration enforcement through the Priority Enforcement program that replaced it in November 2014. The balance of crime control and community trust in immigration enforcement is being reset as the political pendulum swings as Congress considers legislative reforms to curb local resistance to detainers following the killing of Kathryn Steinle in July 2015.This Essay finds that state and local non-cooperation in immigration enforcement -- a timely example of uncooperative federalism -- is influenced by attitudes toward the legitimacy of executive action -- distinct from attitudes toward the law's legality, morality, or politics. Both cooperation and noncooperation contribute to a policymaking feedback loop in ways more complicated than existing theories of cooperative federalism and executive action presage.
Download or read book State Criminal Alien Assistance Program written by and published by . This book was released on 1996 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book States and Federal Immigration Law written by Elena Torres and published by Nova Science Publishers. This book was released on 2015-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the power to prescribe rules as to which aliens may enter the United States and which aliens may be removed resides solely with the federal government, the impact of alien migration -- whether lawful or unlawful -- is arguably felt most directly in the communities where aliens settle. State and local responses to unlawfully present aliens within their jurisdictions have varied considerably, particularly as to the role that state and local police should play in enforcing federal immigration law. Some states, cities, and other municipalities have sought to play an active role in immigration enforcement efforts. However, others have been unwilling to assist the federal government in enforcing measures that distinguish between residents with legal immigration status and those who lack authorisation under federal law to be present in the United States. In some circumstances, these jurisdictions have actively opposed federal immigration authorities' efforts to identify and remove certain unlawfully present aliens within their jurisdictions. This book discusses legal issues related to state and local measures that limit law enforcement cooperation with federal immigration authorities. It provides a brief overview of the constitutional principles informing the relationship between federal immigration authorities and state and local jurisdictions, including the federal government's power to preempt state and local activities under the Supremacy Clause, and the Tenth Amendment's proscription against Congress directly "commandeering" the states to administer a federally enacted regulatory scheme. It also discusses various types of measures adopted or considered by states and localities to limit their participation in federal immigration enforcement efforts; 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; and describes federal statutes.
Download or read book Sanctuary Cities written by Loren Collingwood and published by Oxford University Press. This book was released on 2019-09-25 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accidental shooting of Kathryn Steinle in July of 2015 by an undocumented immigrant ignited a firestorm of controversy around sanctuary cities, which are municipalities where officials are prohibited from inquiring into the immigration status of residents. Some decline immigration detainer requests from U.S. Immigration and Customs Enforcement. While sanctuary cities have been in existence since the 1980s, the Steinle shooting and the presidency of Donald Trump have brought them renewed attention and raised a number of questions. How have these policies evolved since the 1980s and how has the media framed them? Do sanctuary policies "breed crime" as some have argued, or do they help to politically incorporate immigrant populations? What do Americans think about sanctuary cities, and have their attitudes changed in recent years? How are states addressing the conflict between sanctuary cities and the federal government? In one of the first comprehensive examinations of sanctuary cities, Loren Collingwood and Benjamin Gonzalez O'Brien show that sanctuary policies have no discernible effect on crime rates; rather, anti-sanctuary state laws may undercut communities' trust in law enforcement. Indeed, sanctuary policies do have the potential to better incorporate immigrant populations into the larger city, with both Latino police force representation and Latino voter turnout increasing as a result. Despite this, public opinion on sanctuary cities remains sharply divided and has become intensely partisanized. Looking at public opinion data, media coverage, and the evolution of sanctuary policies from the 1980s to 2010s, the authors show that conservatives have increasingly drawn on anecdotal evidence to link violent crime to the larger debate about undocumented immigration. This has, in turn, provided them an electoral advantage among conservative voters who often see undocumented immigrants as a threat and has led to a push for anti-sanctuary policies in conservative states that effectively preempt local initiatives aimed at immigrant incorporation. Ultimately, this book finds that sanctuary cities provide important protection for immigrants, helping them to become part of the social and political fabric of the United States, with no empirical support for the negative consequences conservatives and anti-immigrant activists so often claim.
Download or read book Enforcing Immigration Law at the State and Local Levels written by Jessica Saunders and published by Rand Corporation. This book was released on 2014-05-20 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost 12 million out-of-status aliens currently reside in the United States, and it is estimated that it will take 15 years and more than $5 billion for the Department of Homeland Security's Immigration and Customs Enforcement to apprehend just the current backlog of absconders. One proposed solution to this enforcement problem is for federal agencies to partner with state and local law-enforcement agencies to apprehend and deport fugitive aliens. Currently, the federal government does not require state and local agencies to carry out specific immigration enforcement actions; however, comprehensive immigration reform may address this issue in the near future. Before such legislation is drafted and considered, it is important to understand all the potential impacts of a policy incorporating immigration enforcement by nonfederal entities. As there is very limited evidence about the effects of involving state and local law enforcement in immigration enforcement duties, the authors seek to clarify the needs and concerns of key stakeholders by describing variations in enforcement approaches and making their pros and cons more explicit. They also suggest areas for research to add empirical evidence to the largely anecdotal accounts that now characterize discussions of the involvement of state and local law enforcement in immigration enforcement efforts.
Download or read book Sanctuary Cities written by and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to § 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, P. L. 104-193) and § 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA, P. L. 104-208), states and localities may not limit their governmental entities or officers from maintaining records regarding a person's immigration status, or bar the exchange of such [...] At the other end of the spectrum, some jurisdictions have been unwilling to assist the federal government in enforcing measures that distinguish between legal and non-legal residents of the community. [...] Although this term is not defined by federal statute or regulation, it has been used by some in reference to "jurisdictions that may have state laws, local ordinances, or departmental policies limiting the role of local law enforcement agencies and officers in the enforcement of immigration laws."5 The very existence of "sanctuary cities" has been the subject of considerable controversy. [...] Opponents of sanctuary policies argue that they encourage illegal immigration and undermine federal enforcement efforts.7 Applicable Law The primary federal restrictions on state and local sanctuary policies are § 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, P. L. 104-193)8 and § 642 of the Illegal Immigration Reform and Immigrant Responsibility Act o [...] The mayor of the City of New York had issued an Executive Order prohibiting any city officer or employee, in most circumstances, from transmitting information regarding immigration status to federal immigration authorities.13 This Executive Order was in direct conflict with both PRWORA § 434 and IIRIRA § 642.14 The United States Court of Appeals for the Second Circuit held in New York v. United St.
Download or read book Constructing Pro immigrant Spaces written by Wei-Ting Anne Tseng and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, sanctuary cities are generally defined as sub-federal jurisdictions that refrain from engaging in the enforcement of federal immigration law. Proponents defend sanctuary cities based on the claim that local participation in immigration enforcement compromises trust and cooperation between residents and local law enforcement agencies which is detrimental to public safety. Not surprisingly, many existing studies have treated “sanctuary city” as a binary independent variable tied to sub-federal involvement in immigration enforcement. These studies have no doubt been instrumental to advancing our knowledge of local responses to expanding and intensifying federal immigration enforcement. However, sociological insight into sanctuary cities is likely to benefit from broadening current perspectives and assessing the potential implications sanctuary city policies have for shaping local contexts of reception and facilitating immigrant integration. The emerging interest in the study of sanctuary cities among sociologists has seen very little intersection with relevant bodies of literature on contexts of reception, immigrant assimilation, and citizenship. This dissertation is an in-depth exploration of sanctuary city policies at the municipal level with attention to the intended outcomes associated with sanctuary cities as they pertain to not only public safety and crime, but also immigrant inclusion and participation in civic spaces. Specifically, this study is informed by comprehensive content analyses of legislative text, police documents, and news media from 1979 to 2019, covering 210 sanctuary cities across 41 states. A case study of Seattle is also conducted to provide a closer look at the meanings policy makers, civil servants, and service providers attach to the concept of “sanctuary.” Using 23 semi-structured in-depth interviews, the case study examines the processes by which employees of the City of Seattle and immigrant-serving non-profit organizations widen the boundaries of inclusion and participation for immigrants while simultaneously resisting and operating within the legal framework of hostile federal immigration laws. This dissertation builds upon current understandings of sanctuary cities and introduces new angles for theorizing and conceptualizing sanctuary cities as more than just a place-based designation. The content analyses highlight the different strategies cities adopt to dilute the reach of federal immigration enforcement and policing on vulnerable immigrant populations. While proponents and opponents of sanctuary cities tend to converge around narratives of public safety and crime, the findings from my dissertation suggest that there are additional considerations that inform the development and implementation of sanctuary city policies. Furthermore, policymakers and advocates in cities center decisions in response to federal immigration enforcement priorities around objectives that potentially shape immigrant experiences such as integration, civic engagement, and the practice of citizenship. Supplementary analyses conducted in Seattle provide support for recognizing sanctuary city policies as pro-immigrant policies that are intended to encourage immigrant participation and inclusion in civic spaces, in addition to building trust and cooperation between city officials and residents to promote public safety. Specifically, the Welcoming City resolution in Seattle is analyzed as a framework for developing pro-immigrant policies and practices that facilitate civic engagement, affirm membership, and enable immigrants to practice local citizenship in their daily lives.
Download or read book Looking Past the Label written by James Rice and published by . This book was released on 2018 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisdictions that limit their participation in federal immigration enforcement are broadly referred to as “sanctuary cities.” This unitary, all-encompassing label fuels misleading arguments by failing to distinguish between the differing measures implemented by state and local governments. Supporters of sanctuary cities put forth policy rationales that are unproven or inapplicable to each type of measure. Meanwhile, opponents of sanctuary cities overextend their argument that sanctuary measures are illegal. Discarding the “sanctuary city” label will foster more intelligent analyses and reason-based solutions to an emotionally charged issue.
Download or read book Public Safety and Civil Rights Implications of State and Local Enforcement of Federal Immigration Laws written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law and published by . This book was released on 2009 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Protect Serve and Deport written by Amada Armenta and published by Univ of California Press. This book was released on 2017-06-26 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who polices immigration? : establishing the role of state and local law enforcement agencies in immigration control -- Setting up the local deportation regime -- Policing immigrant Nashville -- The driving to deportation pipeline -- Inside the jail -- Lost in translation : two worlds of immigration policing
Download or read book Sanctuary Regions and the Struggle for Belonging written by Zeina Sleiman-Long and published by Springer Nature. This book was released on 2020-05-04 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that local governments and institutions across the state of California that offer various forms of sanctuaries to undocumented immigrants create “sanctuary regions.” These regions are safe zones for undocumented immigrants and facilitate their ability to make claims for human rights. The book also argues that these regions create an important form of resistance to federal state authority in terms of immigration and the management of borders – something that is typically attributed to state power in the study of International Relations (IR). This book includes overviews of how undocumented immigrants make claims for human rights as well as the ways in which sanctuary regions facilitate “acts of citizenship” and resist anti-immigrant policies.
Download or read book Sanctuary States written by Rose Cuison Villazor and published by . This book was released on 2020 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Symposium Essay analyzes California's SB 54 and the New Jersey Attorney General's Immigrant Trust Directive and compares the ways in which they minimize the use of state, county and local resources in cooperating with federal immigration authorities to enforce immigration laws. In examining these two laws, this Essay makes three points. First, in order to better understand the work that SB 54 and the AG Directive are doing in resisting the Trump administration's immigration enforcement policies, these measures need to be situated within the broader framework of state and local governments as stakeholders in federal immigration regulation and enforcement. Part II explains that these two states exemplify two different models of “sanctuary” or non-cooperation laws. SB 54, as a piece of general state legislation, is broader than the AG Directive in imposing limitations on state, county and local officers' ability to enforce federal immigration laws. Part III notes that both California and New Jersey states must contend with both federal preemption concerns as well as local government resistance to state laws.
Download or read book Examining the Effects of Sanctuary Legislation written by Latasha Toliver and published by . This book was released on 2019 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the federal government has taken a hard-line stance on immigration enforcement, threatening to resuscitate cooperation policies, sub-federal governments have chosen to institute the alternative. California has gone as far as to enact Senate Bill 54, more commonly referred to as the 'sanctuary state' bill. This study will propose a quantitative examination of the attitudes held by the immigrant community of local police after the enactment of sanctuary legislation. Five hundred participants composed of documented and undocumented foreign-born residents of seven densely populated immigrant counties within California will be invited to respond to a questionnaire exploring their current perceptions of trust, fear of deportation, comfortability reporting incidents of crime, public safety, and civic engagement. This study is exploratory in design and will provide a better understanding of immigrant community and police relations after the enactment of Senate Bill 54.
Download or read book Walling Off Liberty written by Matthew Feeney and published by . This book was released on 2018 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: Overly aggressive enforcement of immigration laws erodes localism and threatens the civil liberties of American citizens and immigrants. The current administration’s immigration policies are set to worsen this trend. This worrying development can be halted by protecting citizens’ privacy at the border and ports of entry, restricting the use of vast databases, scrapping 287(g) agreements, reinstating the Priorities Enforcement Program, and not pressuring local officials in sanctuary cities to cooperate with federal immigration authorities. Local control of law enforcement and privacy safeguards will help protect Americans from the civil liberties violations that accompany a federal government intent on aggressive immigration law enforcement.
