Illegal Immigration and Local Police
Darryl Jackson

Illegal immigration has always been a concern for the U.S. but it has become a major problem in this country today. It has become such a problem that it appears that our government is overwhelmed with this issue and can’t seem to get it under control. Hoffmaster, Murphy, McFadden, and Griswold (2010) found that in many jurisdictions around the country, local police are being pressured to take substantial roles in what has traditionally been the job of the federal government. This is a logistical nightmare for local police departments. Being actively involved in immigration enforcement can complicate local law enforcement agencies’ efforts to fulfill their primary mission of investigating and preventing crime. Different communities are affected by immigration in different ways and this poses a number of challenges for our local police departments. They have to understand a complicated set of federal laws and policies while working to develop trust and cooperation with undocumented immigrants who are victims or witnesses to crime. They have to have officers who are fluent speakers of other languages. Many local communities and police agencies are struggling to devise local policies and strategies that reflect their own core values and are consistent with federal government’s efforts, which seem to constantly change with new administrations Hoffmaster et al. (2010). Cole and Gertz state that as local police face a new responsibility in enforcing immigration laws, they find themselves without much guidance. City governments have not truly committed themselves to immigration enforcement in great numbers and there are very few police department policies in place (Cole & Gertz, 2013). What steps can local police departments take in order to implement a policy standard for dealing with illegal immigration? Hoffmaster, Murphy, McFadden, and Griswold (2010), state that local police should be prohibited from arresting or detaining persons for the sole purpose of investigating their immigration status. 2. Officers should arrest persons who violate the criminal laws of their jurisdictions without regard to immigration status of the alleged perpetrator or the victim. 3. Local police must uphold the Constitutional and civil rights of persons regardless of their immigration status. 4. Local police must protect crime victims and witnesses regardless of their immigration status, and should encourage all victims and witnesses to report crimes, regardless of their immigration status. 5. Local police should engage immigrant communities in dialogue about department policies and programs. 6. Local police should develop comprehensive written policies and procedures regarding handling of undocumented immigrants and 8. Local police agencies should become knowledgeable about program such as 287(g), secure communities, and state or local initiatives to ensure that the programs meet the agency’s specified goals for participation Hoffmaster et al. (2010). Why have immigration responsibilities been relinquished to the local level of government? In a nutshell, they just don’t have the manpower to effectively combat this major problem in this country. According to NumbersUSA, state and local police are badly needed to help overwhelmed federal immigration authorities apprehend and detain illegal aliens in the interior of the United States. Illegal aliens currently outnumber federal immigration agents by 5000-1, and only 2,000 federal agents are active in enforcing the immigration laws in the interior of the country. These numbers indicate that a limited number of federal agents are incapable of catching a majority of an estimated 12-20 million illegal aliens currently inside the US borders and would definitely benefit from the assistance of the more than 600,000 state and local law enforcement officers nationwide who come into contact with illegal aliens every day. Many local police officers witness or even stop illegal aliens for violations of the law, however, those who arrest these illegal aliens and proceed to contact federal immigration officials are all too often told to release the offenders unless a non-immigration offense is involved. This practice has come to know as “catch and release”. What’s more hindering is that some local police officers are prohibited by state or local laws or policies from cooperating with federal officials, a tactic adopted by some state and local governments that favor ensuring the well-being of illegal aliens rather than protecting law abiding American citizens from the effects of illegal immigration in their communities (“State/Local Policies”, n.d.). What is ICE? ICE is the acronym for Immigration & Customs Enforcement. It is the agency that stages the raids. There are times when they are needed to patrol with police officers in multi- agency task forces. It includes the Detention and Removal Office, which takes custody of aliens being removed or put into removal proceedings. According to Cole and Gertz, local authorities may contact the ICE after weighing the seriousness of the offense. Depending upon the severity of the offense, the more likelihood of resulting in formal to check immigration status or report to ICE. Where there is no policy guidance, either from local government or department leadership, there is more variation in whether officers inquire about immigrations status or report it to ICE (Cole & Gertz, 2013).

References
Cole, G. F., & Gertz, M. G. (2013). The criminal justice system: Politics and policies. Belmont, CA: Wadsworth.
Hoffmaster, D. A., Murphy, G., McFadden, S., & Griswold, M. (n.d.). Police and Immigration. Retrieved August 14, 2013.
State / Local Policies | NumbersUSA - For Lower Immigration Levels. (n.d.). State / Local Policies | NumbersUSA - For Lower Immigration Levels. Retrieved August 17, 2013, from https://www.numbersusa.com/content/enforcement/statelocal-policies.html