-The Role Of Police Agencies In Enforcing Federal Immigration Law.
The Role of Police Agencies in Enforcing Federal Immigration Law
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The Role of Police Agencies in Enforcing Federal Immigration Law
In the past few years, the United States has experienced a greater ratio of immigration, amounting up to four-fold increment since 1970. Over the course of the last fifteen to twenty years, immigrants have settled in different places rather than the traditional gateways. An increase in immigration population has also increased in term of diversity, taking into account that people are migrating from different parts of the globe. This stance of shift in the demographic spectrum has paved the way for racial tensions and it has aroused a debate about the policies that are meant for immigration. It is asserted that the immigration practices with longstanding resident communities actually demand aggressive enforcement of laws from federal states and local governments. In past, the code of immigration was preceded by the federal immigration laws who were solely in the overview of the federal government. Since 9/11, massive pressure is exerted on local law enforcing agencies by the elected leaders and their communities to engage in the enforcement of federal immigration, taking into consideration that it was not a responsibility of the organizational mandate.
In the beginning of 1990, federal immigration agencies were overwhelmed by the enormity of tasks related to deporting, detaining and apprehending taking into account that about twelve million unauthorized immigration plans have been launched. The aim of such immigration plans was to induce and incorporate coordination and assistance of the nations in approximately 18,000 states and local law enforcement agencies meant for the deporting and identification of the authorized immigrants living in the country. The legislation was passed in Congress in 1996 which infers an expansion in the duties of local law in terms of enforcement of federal immigration. Taking into consideration the amalgamation local law enforcement agencies with that of federal authorities of immigration a number of decisions focused on the ICE 287 program. It is asserted that police executives were not given any option between two poles, either to be supportive or cooperative with the authorities of federal immigration and their self-participation in the enforcement of immigration efforts. Law enforcing bodies are not given any authentic decision under the impact of immigration law enforcement institutions adhering to strained state and local resources that could maintain the core aim of protecting and safeguarding communities and promotions of public safety. (Rhodes, et, al 2015).
Accompanied by the support of Ford Foundation, a national effort was launched that could bring officials, community stakeholders and other law enforcement agencies for a collaborative examination of the implication of immigration laws. (Nguyen, et, al 2016). It is asserted that the major goal of the project was to initiate a debate that could disseminate perspectives regarding immigration enforcement so that national policy can be enacted. One of the central factors of the project was the series of focus groups that included public official, local groups and other representatives of immigration offices that could elicit the thought and perspectives of those who were facing issues regarding immigration.
The questions and other conversations inferred the focus groups to be affected by the development of platform for a national conference with policymakers, scholars, immigrants, and other law enforcement professionals to discuss the issue of immigration and the role of law enforcement agencies. Although there were a series of differences in the opinions that were collected from diverse groups of the law enforcement agencies who were participating in various projects that address the befits and costs of participation of law enforcement in federal immigration enforcement. There were a number of issues that were retained taking into account that many of the police executives were concerned with the increased ratio of exploitation and victimization of the immigrants highlighting that there is a possible increase in the misconduct of police. There is a massive account of errors of the police referring to the complexity of the immigration laws, asserting that there is a possibility of the civil lawsuits and other racial profiling that can affect an immigrant to access the municipal services. One of the aspects of the debate has highlighted that despite a highly compact and diverse debate there is a number of issues that still confuse the idea of involving law enforcing bodies in the context of immigration. (Farris, et, al 2017).
In accordance with the RAND study, it is concluded that there are certain issues in terms of unauthorized immigration. Researchers are of the view that the partnership between local law enforcement agencies and federal and state law is one of the ideologies that is gaining popularity. It is inferred that there are 67 formal agreements between local criminal justice, state and federal government that empower the local law bodies to incorporate immigration laws. It resulted in the identification of 140,000 deportable immigrants from the year 2006 to 2009. (Rhodes, et, al 2015). It is highlighted that there is an estimate of about 12 million immigrants in the United States, including population that entered the USA illegally as well as the people who are overstaying their visas. There is another group, termed as the third group in which about 5% of all out of status immigrants are included, it also includes those who have been processed through the courts and juries have ignored the deportation orders.
According to the estimates of US Department of Homeland Security Immigration and Customs Enforcement, it is estimated that it will take about 15 years and about more than $5 billion to clear the backlog of those who have been sentenced to deportation. (Armenta, et, al. 2017). Although jurisdiction has started to work in collaboration with federal officials with the sole aim of enforcing the immigration law, this partnership will work but there are certain gaps as well. Another side of the same picture highlights that if state and local law enforcement officers will start to enforce immigration law, there will be fear and distrust in the immigrant population. There is no justified stance that exists for the determination of the reasonable suspicion of the immigration law, asserting a law is enforced without any clear federal authority that is designated by the law. There would be great mismanagement in terms of crime management and the safety of public, highlighting that there would be a constant repercussion of the criteria of local police. (Armenta, et, al. 2017). This will ultimately lead to hampered abilities of the state and local law enforcement bodies taking into account the ability to investigate the crimes and interfere with the sole mission to serve and protect all the members, either they are citizens or not. It is also highlighted that the outcome of collaboration between ICE and other police would require close scrutiny and keen observation in local jails.
Under the stance of current code of conduct, a police officer brings up an undocumented noncitizen to jail, it will lead to arrest and the entity will stay at the jail. There are a number of immigrants who are under the custody of ICE, taking into account the breaching of state and local law. Under many state laws, individuals are flagged by jailers and the police, asserted they are foreign-born and they are not local citizens. There are a number of stakeholders who possess discretion to make a report that may involve any undocumented noncitizen. It is significant to note that there is no definite federal or state law that could provide guidance in this area of discretionary reporting. (Armenta, et, al. 2017).
An exegetical analysis reveals that the issue of immigration is not easy going. For local police officers issue of immigration is more like a dilemma. Although a number of police chiefs have initiated inter-department review sessions regarding immigration and enforcement, still there is no way out to catch a single acceptable course of discussions. It is clear that the issue of immigration is dominating in a number of American communities, in fact, it is a common issue that is faced by police leaders. Several legal agencies have spent a number of years in order to develop a relationship with diverse communities in order to validate public safety of all inhabitants. It is asserted that the prime focus of law enforcing agencies is to build trust and maintain the support of communities that are immigrants, asserting it is an ongoing challenge for police executives in order to recognize effective policing. It is significant to note that ordinances, laws and informal policies should be made which could encourage police control in an immigration matter.
Today, there are certain strong policies that could ensure safety of immigrants from accessing police protection, they should be pitted against enforcement practices that could highlight immigration laws. It is important to note that the line between police immigration enforcing state and federal government is thin so local policies should be formulated to preserve effective community policy and the rights of immigrants in the United States. Criminal aliens must be detained and assessed by local and state police officers ignoring the falsified truth that legislation is already given an authority to arrest criminals. Every individual in the United States of America must be subjected to the law and regulations with an approach that law-making authorities and their stakeholders are meant to protect the rights and lives of the people.
Armenta, A., & Alvarez, I. (2017). Policing immigrants or policing immigration? Understanding local law enforcement participation in immigration control. Sociology Compass, 11(2), e12453.
Farris, E. M., & Holman, M. R. (2017). All politics is local? County sheriffs and localized policies of immigration enforcement. Political Research Quarterly, 70(1), 142-154.
Nguyen, M. T., & Gill, H. (2016). Interior immigration enforcement: The impacts of expanding local law enforcement authority. Urban Studies, 53(2), 302-323.
Rhodes, S. D., Mann, L., Simán, F. M., Song, E., Alonzo, J., Downs, M., ... & Reboussin, B. A. (2015). The impact of local immigration enforcement policies on the health of immigrant Hispanics/Latinos in the United States. American Journal of Public Health, 105(2), 329-337.
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