287 (g) cross-delegating state and local law enforcement officers with federal immigration authority -- homeland security remedy or rue?

Abstract

As a result of the federal government's shortcomings in thwarting illegal immigration, state and local law enforcement agencies are now largely shouldering the problem of criminal activity associated with illegal immigration. Section 287(g) of the INA allows state and local police to actively participate in immigration enforcement, but has raised concerns about how to balance public safety with concerns of a "chilling effect" on the immigrant community. This thesis surveyed current and prospective 287(g) participants in order to develop a model for voluntary local, state and federal immigration enforcement collaboration. The proposed model confines immigration enforcement to a small group of select officers representing agencies that volunteer based on the needs of their communities; ICE agents would be active participants. The enforcement would target serious crimes that support illegal immigration such as alien smuggling, fraudulent documents, transnational gang activity and drug trafficking. Enforcement efforts would be supplemented by community outreach and efforts to mitigate the chilling effect that deters many state and local police from engaging in immigration enforcement.