LionJack
Congress expressly intended for local law enforcement to act in cases in which officers have reason to believe that an individual is in the country illegally, even though immigration law enforcement is not their primary responsibility. In 1996, Congress passed and President Clinton signed legislation that protects individual officers who act to enforce federal immigration laws, even if their departments have non-cooperation policies.
Section 287 (g) of the Immigration and Nationalization Act provides authority for state and local enforcement to investigate, detain, and arrest aliens on civil and criminal grounds. In addition, in a civil lawsuit, the law enforcement officers would be considered to have been acting under federal authority, thereby shifting liability to the federal government and providing additional immunity for the law enforcement officers enforcing federal laws.
Unfortunately, local governments won?’t take up an agreement for enforcement because they have to budget for it, and provide specific training at cost.
Local agencies and officers like to represent that they cannot enforce federal laws in Iowa. But that is wrong.
Iowa Code authorizes an officer to arrest anyone for ANY public offense committed or attempted in their presence. That section is not textually limited to only state and local violations.
Iowa also has it's own nonresident alien laws that apply anyway. Local officers just won't burden themselves with that enforcement.
Congress expressly intended for local law enforcement to act in cases in which officers have reason to believe that an individual is in the country illegally, even though immigration law enforcement is not their primary responsibility. In 1996, Congress passed and President Clinton signed legislation that protects individual officers who act to enforce federal immigration laws, even if their departments have non-cooperation policies.
Section 287 (g) of the Immigration and Nationalization Act provides authority for state and local enforcement to investigate, detain, and arrest aliens on civil and criminal grounds. In addition, in a civil lawsuit, the law enforcement officers would be considered to have been acting under federal authority, thereby shifting liability to the federal government and providing additional immunity for the law enforcement officers enforcing federal laws.
Unfortunately, local governments won?’t take up an agreement for enforcement because they have to budget for it, and provide specific training at cost.
Local agencies and officers like to represent that they cannot enforce federal laws in Iowa. But that is wrong.
Iowa Code authorizes an officer to arrest anyone for ANY public offense committed or attempted in their presence. That section is not textually limited to only state and local violations.
Iowa also has it's own nonresident alien laws that apply anyway. Local officers just won't burden themselves with that enforcement.