Keith Mack
Immigration law enforcement has long been recognized as a federal concern, with state and local police only permitted to enforce immigration laws under specific circumstances authorized by the federal government. While civil immigration law enforcement is considered a federal responsibility, criminal provisions of the INA allow state enforcement, as states are expected to cooperate in enforcing federal criminal laws. This has resulted in a bifurcated role for states and localities, where local law enforcement can arrest someone for the criminal offense of entering the country illegally but not solely for deportation purposes, as it is a civil violation. The distinction between civil and criminal violations has been a point of contention, with critics arguing that federal law only permits state and local enforcement in limited circumstances. The interpretation of immigration law enforcement as solely a federal duty has been supported by court rulings, which have also stated that the federal government cannot compel state and local authorities to participate in immigration enforcement.
| Characteristics | Values |
|---|---|
| Can local law enforcement enforce immigration law? | Only if specifically authorized by the federal government. |
| Sanctuary policies | States, counties, and cities have adopted policies to promote trust and cooperation between local law enforcement and immigrant communities. |
| Examples of sanctuary policies | Offering English-language classes, issuing municipal IDs and driver's licenses, ensuring equal access to bail, training prosecutors and defenders on immigration consequences of convictions and plea deals |
| Role of local law enforcement in immigration enforcement | Limited to criminal provisions of INA, such as arresting for the criminal offense of entering the country illegally. |
| Immigration relief for victims of crimes | T and U visas provide immigration benefits and encourage victims to work with law enforcement in detecting, investigating, or prosecuting crimes. |
| Detainers | Local law enforcement may voluntarily comply with ICE detainers, but some courts have ruled that holding individuals solely on an immigration detainer may be unlawful. |
| Federal preemption | Congress has the power to preempt state law on immigration, but federal actions to compel state immigration enforcement may violate the Tenth Amendment. |
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What You'll Learn
Immigration enforcement is the federal government's sole duty
The Supreme Court has clarified that immigration enforcement is the federal government's duty, and state and local police may only carry out immigration enforcement if specifically authorized to do so by the federal government. This is in line with the Tenth Amendment of the U.S. Constitution, which states that the federal government "may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program."
Courts have repeatedly held that the Tenth Amendment prohibits the federal government from compelling states and localities to participate in immigration enforcement. Compliance with immigration detainers is voluntary, not mandatory. The federal government cannot force local jurisdictions to honor detainers, an interpretation repeatedly upheld by the courts. Some state courts have also ruled that the laws of their state do not provide legal authority for law enforcement agencies to hold people on an immigration detainer.
Jurisdictions that do honor detainers can be found liable for unlawfully holding an individual on a detainer without a judicial warrant in violation of the Fourth Amendment, and may be required to compensate individuals for damages. For example, in April 2025, a federal judge in Florida issued an order blocking all local police from enforcing a new state immigration law. The statute made it a misdemeanor for undocumented migrants to enter Florida by eluding immigration officials. Despite the state's attorney general stating otherwise, the judge reiterated that her order applied to all local agencies.
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Local law enforcement can enforce immigration law in specific circumstances
Immigration law enforcement is generally considered the sole duty of the federal government. However, local law enforcement can enforce immigration law in specific circumstances. For example, when local officers question the immigration status of someone detained for a local violation, they may contact an ICE agent at the Law Enforcement Support Center (LESC). The ICE agent may then place a detainer on the suspect, requesting that local officials keep the suspect in custody until their immigration status can be determined.
While compliance with immigration detainers is voluntary, critics argue that holding individuals solely based on immigration status or using minor offenses as pretexts for verifying immigration status with authorities is unlawful and controversial. The Tenth Amendment of the U.S. Constitution prohibits the federal government from compelling states and localities to participate in immigration enforcement, and some state courts have ruled that law enforcement agencies lack the legal authority to hold people solely based on immigration detainers.
In certain cases, local law enforcement officers can arrest someone for the criminal offense of entering the country illegally. However, they cannot arrest someone solely for illegal presence for deportation purposes, as it is a civil violation. The distinction between civil and criminal violations in immigration law suggests a bifurcated role for local law enforcement, where their authority is limited to specific criminal offenses.
Some states have adopted sanctuary policies to promote trust and cooperation between local law enforcement and immigrant communities. These policies include offering English classes, issuing identification documents, ensuring equal access to bail, and establishing procedures for noncitizen crime victims to obtain necessary documents for immigration relief. While these policies do not provide legal authority for local law enforcement to enforce immigration laws, they aim to create a supportive environment for immigrants, regardless of their status.
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Local law enforcement's role in immigration detainers
Immigration enforcement is the sole responsibility of the federal government, and state and local police may only enforce immigration laws if specifically authorized to do so. Compliance with immigration detainers is voluntary, and the federal government cannot force local jurisdictions to honour detainers. This interpretation has been repeatedly upheld by the courts, with the Tenth Amendment of the U.S. Constitution prohibiting the federal government from compelling states and localities to participate in immigration enforcement.
State and local law enforcement officers cannot arrest someone solely for illegal presence for the purpose of deportation as it is a civil violation. However, they can arrest someone for the criminal offence of entering the country illegally. For example, when state or local officers question the immigration status of someone they have detained for a state or local violation, they may contact an ICE agent at the Law Enforcement Support Center (LESC). The ICE agent may then place a detainer on the suspect, requesting that the state official maintain custody until a determination can be made about the suspect's immigration status.
However, the continued detention of such an individual beyond the needs of local law enforcement designed to aid in the enforcement of federal immigration laws may be unlawful. Many have criticized the use of immigration detainers, alleging abuses such as state detentions based solely on immigrant status and custodial arrests for minor offences as pretexts for verifying an individual's status with immigration authorities.
To promote trust and cooperation between local law enforcement and immigrant communities, some states, counties, and cities have adopted sanctuary policies. These policies may include offering English language classes, issuing municipal identification documents, ensuring equal access to bail, and establishing procedures to facilitate noncitizen victims of crime in obtaining necessary documents for immigration relief.
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Sanctuary policies for immigrants
Sanctuary policies are local or state-level laws, policies, or resolutions that aim to foster trust and cooperation between law enforcement and immigrant communities. These policies are designed to encourage immigrants, regardless of their legal status, to work with police to report and investigate crimes without fear of retribution or deportation. While the specific provisions vary across jurisdictions, some common sanctuary policy measures include:
- Offering English language classes and other support services to immigrant communities.
- Issuing municipal identification documents and driver's licenses to all residents, regardless of immigration status.
- Ensuring equal access to bail for immigrants.
- Establishing procedures for non-citizen victims of crime to obtain necessary documents from law enforcement agencies to pursue immigration relief.
- Training criminal justice professionals on the immigration consequences of convictions and plea deals.
- Restricting compliance with ICE detainers, which are non-binding requests from ICE to local law enforcement to hold individuals beyond their scheduled release for up to 48 hours to facilitate ICE custody transfers.
It is important to note that sanctuary policies do not prevent federal immigration officials from carrying out their enforcement duties. Instead, these policies limit the extent to which state and local officials cooperate with federal immigration authorities. The adoption of sanctuary policies is driven by various factors, including public safety, resource allocation, and shielding local law enforcement agencies from liabilities associated with enforcing federal immigration laws.
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Local police cannot enforce immigration law in Florida
In April 2025, U.S. District Judge Kathleen Williams issued an order blocking local police in Florida from enforcing a new state immigration law. The law, signed by Gov. Ron DeSantis in February 2025, made it a misdemeanor for undocumented migrants to enter Florida by evading immigration officials.
Despite the state's attorney general, James Uthmeier, stating otherwise in a letter, Judge Williams clarified that her order freezing the enforcement of the new immigration law applied to all local law enforcement agencies in Florida. She expressed her intention to issue a preliminary injunction against the statute, stating that she was "surprised and shocked" by Uthmeier's letter, which instructed local police to disregard her order.
The American Civil Liberties Union (ACLU) of Florida has historically opposed local police enforcement of immigration laws. In 2005, the ACLU urged Miami-Dade County officials to enact an ordinance preventing local and state police from gaining the power to enforce immigration laws. They argued that such powers would hinder crime-fighting efforts and increase distrust of police among immigrant communities.
While Florida has pushed for local law enforcement agencies to collaborate with ICE under the 287(g) Program, which allows local authorities to be trained by and partner with ICE in enforcing aspects of immigration law, local immigrant advocates and police officials have protested this initiative.
Therefore, as of April 2025, local police in Florida cannot enforce immigration law due to the preliminary injunction issued by Judge Williams.
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Frequently asked questions
Local law enforcement may only enforce immigration law if they are specifically authorized to do so by the federal government.
Local law enforcement can contact an ICE agent at the Law Enforcement Support Center (LESC) to place a detainer on the suspect. This is a request for the local official to keep the suspect in custody until their immigration status can be determined.
Yes, critics have alleged abuses such as state detentions premised solely on immigration status, and custodial arrests for minor offenses as pretexts for verifying an individual's status with immigration authorities. There have also been disputes between federal judges and state attorneys over the enforcement of immigration law, with some states attempting to make it a misdemeanor for undocumented migrants to enter their state.
