Federal Law Enforcement: Without Iic, What's Next?

Federal law in the United States is enforced through a combination of public and private efforts, with federal agencies typically taking the lead. However, there are instances where state enforcement of federal law comes into play, creating a unique dynamic where state actors are authorized to enforce the laws of a different sovereign entity. This dynamic is particularly evident in addressing police misconduct, where the Department of Justice (DOJ) enforces laws that cover the actions of state, county, and local law enforcement officers, including those in prisons and jails. Additionally, certain federal laws, such as civil rights and employment legislation, are enforced by specific agencies like the Equal Employment Opportunity Commission (EEOC) and the Merit Systems Protection Board (MSPB).

Federal law enforcement by state actors

Federal law enforcement in the United States involves a wide range of federal agencies and officers, with most falling under the Department of Justice and Homeland Security. These agencies and officers are empowered to maintain law and public order related to matters within the power of the federal government. Federal law enforcement has a long history in the US, with some agencies dating back to the 18th and 19th centuries.

The enforcement of federal law is not solely the domain of federal agencies, however. State enforcement of federal law is a unique model of enforcement and a unique form of state power. State actors are authorized to enforce the laws of a different sovereign, i.e., the federal government. This means that state enforcement authority can exist even where state law is preempted or state regulators have chosen not to act. State enforcement is largely decentralized, and states act on behalf of interests that differ from those of federal enforcers.

There are two distinct types of public enforcement. The first is civil enforcement by federal agencies, and the second is civil enforcement by the states, typically through their attorneys general. Federal civil statutes vest enforcement authority in a federal agency, and some statutes also create private rights of action that permit private parties to sue to enforce federal law.

State enforcement empowers a different breed of state representatives, namely elected, generalist attorneys general, who differ from the appointed policy specialists in federal enforcement agencies. State attorneys general are independent from the state legislature and governor and may represent different constituencies. This independence grants them the ability to adjust the intensity of enforcement and press their interpretations of federal law.

Public and private enforcement

Federal law in the United States is enforced through a combination of public and private efforts. Typically, federal civil statutes vest enforcement authority in a federal agency, but some also create private rights of action that allow private parties to sue to enforce federal law. There are two distinct types of public enforcement: civil enforcement by a federal agency and civil enforcement by a federal agency alongside the states, usually through their attorneys general.

State enforcement of federal law is a unique model of enforcement and a unique form of state power. It breaks the traditional link between law creation and enforcement by allowing state actors to enforce the laws of a different sovereign. State enforcement empowers a different breed of state representatives, with interests and incentives that distinguish them from federal agencies. State attorneys general, for example, are independent from the state legislature and governor and may represent different constituencies. This enables states to adjust the intensity of enforcement and to press their own interpretations of federal law.

Private enforcement of federal law allows private parties to bring lawsuits to enforce federal statutes. For example, the Fair Housing Act, the Rehabilitation Act of 1973, and the Equal Credit Opportunity Act (ECOA) can all be enforced through private lawsuits. Private enforcement of these laws does not require filing a complaint with a federal agency or receiving a "right-to-suite" letter before going to court.

Public enforcement of federal law through federal agencies is the more traditional route. For example, the Department of Justice is empowered to file a lawsuit under ECOA when there is a pattern or practice of discrimination. The Privacy Act of 1974 is another example of a federal statute enforced by a federal agency, in this case, the Office of Privacy and Civil Liberties.

Federal civil statutes

There are two distinct types of public enforcement. Many federal statutes authorize civil enforcement by both a federal agency and the states, typically through their attorneys general. State enforcement is largely decentralized, and states act on behalf of a set of interests that differ significantly from those of federal enforcers. Enforcement authority can serve as a potent means of state influence, allowing states to adjust the intensity of enforcement and to press their own interpretations of federal law.

The Civil Rights Division of the US Department of Justice has the responsibility for enforcing all federal civil rights statutes, with the exception of certain criminal matters assigned to the Criminal Division. The Attorney General is authorized to institute civil actions for appropriate relief. The Assistant Attorney General for the Civil Rights Division and the United States Attorneys should cooperate in the enforcement of civil rights laws by taking complementary steps to protect the interests of the United States and to ensure the effective investigation and successful prosecution of civil rights cases.

The jurisdiction of the federal district courts over various types of actions is set forth in Chapter 85 of Title 28 of the United States Code, which also contains statutes that govern matters such as the venue of federal courts. The jurisdiction of the US Supreme Court is governed by 28 USC §§ 1251-1259, while the jurisdiction of the federal courts of appeal is primarily governed by 28 USC §§ 1291-1296.

Federal civil rights statutes prohibit willful injury, intimidation, or interference, or attempts to do so, by force or threat of force, on the basis of race, colour, religion, national origin, gender, sexual orientation, gender identity, or disability. They also prohibit different punishments, pains, or penalties for any person on account of their race or colour, or because they are an alien. Federal law also protects against discrimination on a wide range of other bases, including sex, religion, disability, and familial status, in a wide range of areas, including voting, public accommodations, public schools, employment, housing, and credit.

Federal law enforcement officers

The most common primary functions of federal officers are criminal investigation or enforcement, corrections, and police response and patrol. Federal law enforcement officers are often armed; in 2020, 60% of federal agencies authorised shotguns or manual rifles for officers on duty, with 50% authorising semiautomatic rifles and 20% authorising fully automatic rifles.

Since the creation of the Department of Homeland Security (DHS) in 2002, in response to the September 11 attacks, this department has become the one with the most sworn armed Federal law enforcement officers and agents. The DHS incorporates agencies that have a role in protecting the country against terrorism, including the US Secret Service, the US Coast Guard, and the Transportation Security Administration (TSA).

Federal law is enforced through a combination of public and private efforts. While federal civil statutes typically vest enforcement authority in a federal agency, they may also create private rights of action that allow private parties to sue to enforce federal law. State enforcement of federal law is a unique model, as it authorises state actors to enforce the laws of a different sovereign.

Criminal and civil statutes

Federal law is enforced through a combination of public and private efforts. Most federal civil statutes give enforcement authority to a federal agency, and some also allow private parties to sue to enforce federal law. There are two types of public enforcement: civil enforcement by a federal agency and civil enforcement by the states, typically through their attorneys general.

Federal civil rights statutes, for example, make it unlawful for any governmental authority or agent to engage in conduct that deprives individuals of their rights, privileges, or immunities protected by the US Constitution or laws. This includes willfully causing bodily injury or attempting to do so with a dangerous weapon, based on the race, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim. It also includes willfully depriving individuals of their rights, privileges, or immunities by a person acting under the colour of law, statute, ordinance, regulation, or custom.

Another example is Title 18 of the United States Code, which covers "Crimes and Criminal Procedure".

State enforcement of federal law is a unique model of enforcement and a unique form of state power. State enforcement authority can exist even in areas where state law is preempted or state regulators have chosen not to act. States can adjust the intensity of enforcement and interpret federal law in their own way.

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