ILLEGAL ALIENSENFORCEMENT AND RESTRICTIONS BY STATE AND LOCALITIES

ILLEGAL ALIENSENFORCEMENT AND RESTRICTIONS BY STATE AND LOCALITIES

CONTENTS

PREFACE

Chapter 1 AUTHORITY OF STATE AND LOCAL POLICE TO ENFORCE FEDERAL IMMIGRATION LAW

SUMMARY

INTRODUCTION

EXPRESS AUTHORIZATION FOR STATE AND LOCAL LAW ENFORCEMENT OFFICERS TO ENFORCE FEDERAL IMMIGRATION LAW

Delegation of Immigration Enforcement Authority via Cooperative Agreement under INA Section 287(g)

Delegation of Immigration Enforcement Authority to Respond to Mass Influx of Aliens

Authorization to Arrest and Detain Previously Removed Criminal Aliens

Authorization to Enforce the Federal Alien Smuggling Statute

APPELLATE COURT DECISIONS CONCERNING IMMIGRATION ENFORCEMENT

Ninth Circuit Jurisprudence

United States v. Urrieta (Sixth Circuit)

Tenth Circuit Jurisprudence

OFFICE OF LEGAL COUNSEL OPINIONS

2002 OLC Opinion

Department of Justice Legal Challenges to State Immigration Laws

End Notes

Chapter 2 STATE AND LOCAL RESTRICTIONS ON EMPLOYING UNAUTHORIZED ALIENS

SUMMARY

INTRODUCTION

BACKGROUND

PRE-WHITING JURISPRUDENCE

SUPREME COURT’S DECISION IN WHITING

The Controlling Opinion

Dissenting Opinions

IMPLICATIONS

End Notes

Chapter 3 STATE AND LOCAL RESTRICTIONS ON EMPLOYING, RENTING PROPERTY TO, OR PROVIDING SERVICES FORUNAUTHORIZED ALIENS: LEGAL ISSUES AND RECENT JUDICIAL DEVELOPMENTS

SUMMARY

INTRODUCTION

FACTUAL BACKGROUND

RELEVANT IMMIGRATION-RELATED LEGAL ISSUES

Preemption

Equal Protection

Procedural Due Process

ISSUES RAISED BY STATE OR LOCAL RESTRICTIONS ON THE EMPLOYMENT OF UNAUTHORIZED ALIENS

Preemption

Procedural Due Process

ISSUES RAISED BY STATE OR LOCAL RESTRICTIONS UPON TENANCY OR DWELLING

Preemption

Equal Protection

Procedural Due Process

ISSUES RAISED BY STATE OR LOCAL RESTRICTIONS ON PUBLIC BENEFITS OR SERVICES

POTENTIAL LIMITATIONS IMPOSED BY FEDERAL CIVIL RIGHTS STATUTES

RECENT DEVELOPMENTS IN ARIZONA

End Notes

Chapter 4 STATE EFFORTS TO DETERUNAUTHORIZED ALIENS: LEGAL ANALYSIS OF ARIZONA’S S.B. 1070

SUMMARY

I. BACKGROUND

II. MAJOR PROVISIONS OF S.B. 1070, AS MODIFIED

III. OVERVIEW OF PREEMPTION

State Enforcement of Immigration Law Under Section 2

Sharing of Immigration Status Information betweenGovernment Entities

Detection of Unauthorized Aliens By State and Local Law Enforcement under Section 2

Authorization of Private Suits in Response to State or Local Limitations on Enforcement of Immigration Law

Warrantless Arrests of Persons Who Have Committed a Criminal Offense Making Them Deportable

Criminalization of Immigration-Related Conduct

Criminalizing the Hiring of Persons Picked up along Roadways

Criminalizing Alien Smuggling Activities

Criminalizing Violations of Federal Alien Registration Requirements

Criminalizing the Solicitation or Performance of Work byUnauthorized Aliens

IV. RACIAL PROFILING ISSUES

CONCLUSION

End Notes

INDEX