The Overlooked Power to Enlist Local Cops for Immigration Enforcement

 The discussion on immigration enforcement in a possible second Trump administration highlights an overlooked part of the Immigration and Nationality Act (INA): section 103(a)(10). This provision allows state and local law enforcement officers to perform immigration duties under certain circumstances. Although it has never been used, it holds significant authority that may require updates and clarification in regulations.

1. Section 103(a)(10) Overview:

• This section of the INA permits the Attorney General to allow state and local police to exercise immigration powers during a mass influx of aliens near the U. S. borders, given the consent of their superiors.

2. Role of the Attorney General vs. DHS Secretary:

• The INA often mentions the Attorney General concerning immigration powers, despite many of these responsibilities having shifted to the Secretary of Homeland Security. Section 103(a)(1) clarifies this division of power.

3. Background Context:

• The Homeland Security Act of 2002 was created in response to issues within the former Immigration and Naturalization Service (INS) highlighted after the 9/11 attacks. Immigration enforcement is now divided between various agencies under the Department of Homeland Security (DHS) and the Department of Justice (DOJ), complicating the authority structure.

4. Past Immigration Enforcement Practices:

• Historically, the DOJ handled immigration enforcement, but structural changes have resulted in the division of responsibilities across multiple agencies. This has left some powers, such as those in section 103(a)(10), largely undefined or overlooked.

5. Potential for Implementation:

• Although section 103(a)(10) has not been utilized, regulatory frameworks provide guidance on how to declare an "immigration emergency" and call for local assistance. The criteria for such a declaration may include overwhelming demands on local law enforcement due to an influx of aliens or associated criminal activity.

6. Decision-Making Process:

• The Attorney General or the President can officially declare an immigration emergency. If the Attorney General decides to act, certain conditions must trigger this authority, primarily involving significant increases in asylum applications or threats to local safety.

7. Need for Updated Regulations:

• Current regulations need to reflect the realities of immigration enforcement today. The existing language refers to outdated positions and lacks clarity regarding authority, which could lead to potential legal challenges if enacted.

8. Comparison with Section 287(g):

• Section 103(a)(10) is often confused with section 287(g), which also involves delegating immigration authority to state and local officials; however, they serve different purposes and scopes.

The Unites States has faced considerable challenges at its borders due to the influx of aliens over recent years. Section 103(a)(10) of the INA provides a potential solution under the executive branch's authority, but it is hampered by outdated language and uncertain interpretations. For effective use, these regulations need to be revised and clarified to ensure appropriate application in current immigration scenarios.

https://cis.org/Arthur/Overlooked-Power-Enlist-Local-Cops-Immigration-Enforcement