Posts tagged ‘state’s rights’

New Government Report: Authority of State and Local Police to Enforce Federal Immigration Law

Authority of State and Local Police to Enforce Federal Immigration Law
by Michael John Garcia
Paperback, 20 pages, 2010, $20.00
ISBN: 1437940889

“The power to prescribe rules as to which aliens may enter the U.S. and which aliens may be removed resides solely with the federal government, and in particular with Congress. Deportation and associated administrative processes related to the removal of aliens are civil in nature, while certain violations of federal immigration law, such as smuggling unauthorized aliens into the country, carry criminal penalties. The ability of state and local police to make arrests for federal immigration violations is a subject of legal debate and conflicting jurisprudence. 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.”

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October 19, 2010 at 9:43 am Leave a comment

New Government Report: State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona’s S.B. 1070 (ISBN: 9781437933203)

State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona’s S.B. 1070 (ISBN: 9781437933203)
By Michael John Garcia, Larry M. Eig and Yule Kim
(Paperback, 24 pages, 2009, $20)

On April 23, 2010, Arizona enacted S.B. 1070, which is designed to discourage and deter the entry or presence of aliens who lack lawful status under federal immigration law. It requires state and local law enforcement officials to facilitate the detection of unauthorized aliens in their daily activities. The enactment of S.B. 1070 has sparked significant legal and policy debate.

Contents: (1) Background; (2) Major Provisions of S.B. 1070; (3) Overview of Preemption: State Enforce. of Immigration Law; Criminalization of Immigration-Related Conduct; Criminalizing Hiring of Persons Picked on Roadways; Criminalizing Alien Smuggling; Criminalizing Violations of Federal Alien Registration. Require.; Criminalizing the Solicitation or Performance of Work by Unauthorized Aliens; (4) Racial Profiling Issues.

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May 24, 2010 at 6:00 am Leave a comment

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