Cecily Zamora
The relationship between local police and federal law in the United States is a complex one. While there is no federal police force per se, federal laws take precedence over state laws, and agencies like the FBI, DEA, and ATF hold authority over local authorities. Local police can be deputized to enforce federal laws, such as in the case of Arizona sheriffs enforcing federal immigration law. However, states cannot create their own immigration laws, and local police do not have the power to enforce civil immigration laws without federal deputation. The federal government provides local police with equipment, surveillance tools, and access to federal databases, and can also influence local policing through funding and the creation of national law enforcement policies. Ultimately, the dynamic between local police and federal law is nuanced, with a balance of power and cooperation that is ever-evolving.
| Characteristics | Values |
|---|---|
| Do local police have to cooperate with federal police? | Practically speaking, they don't have to at all. |
| Is there a federal police force? | Technically, no. There are U.S. Marshalls, FBI Agents, Drug Enforcement Agents, ATF Agents, Border Patrol, and Immigration and Customs Enforcement officers, but no federal police force. |
| Can local police enforce federal law? | Local police can enforce federal criminal law, but they don't have the power to enforce civil immigration law. |
| Can federal law enforcement agencies be investigated? | No. However, the Civil Rights Division can act if a law enforcement agency receiving federal funding systematically violates people's rights. |
| Can local police receive federal funding? | Yes. The Biden-Harris Administration has provided grants to local law enforcement to "adopt and implement best practices" in policing. |
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What You'll Learn
Local police can enforce federal criminal law
While there is no federal police force per se, local police can enforce federal criminal law. In the United States, federal laws take precedence over state laws, and federal agencies rely on individually negotiated agreements with local authorities to enforce federal laws. For example, in Gonzales v. City of Peoria, the Ninth Circuit Court of Appeals ruled that local police officers could enforce the criminal provisions of the INA (Immigration and Nationality Act). The court held that local police officers may, subject to state law, constitutionally stop or detain people when there is reasonable suspicion or probable cause that they have violated the criminal provisions of the INA.
In Connecticut, state law authorises state and local police to arrest individuals for violations of federal criminal law. However, whether they can legally make an arrest for a specific federal crime depends on whether federal law explicitly or implicitly allows them to do so. Similarly, in California, the Court of Appeal upheld the authority of local police officers to make arrests for violations of two provisions of the INA.
In Arizona, sheriffs were federally deputised to enforce federal immigration law, such as performing background checks. While state and local authorities can generally enforce federal criminal law, they typically lack the authority to enforce civil immigration law. For example, in 1996, the Department of Justice (DOJ) expressed the view that state and local law enforcement agents could not detain or arrest individuals for violating civil immigration laws. However, in 2002, the DOJ withdrew this section of its policy memorandum, indicating a shift in its stance.
Additionally, Department police officers are authorised to enforce state and local traffic and motor vehicle laws on Department property, as well as conduct investigations on and off Department property for offences within their jurisdiction.
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Federal law trumps state law
In the United States, there is no federal police force per se. Instead, there are US Marshalls, FBI Agents, Drug Enforcement Agents, ATF Agents, Border Patrol, and Immigration and Customs Enforcement officers. Ultimately, federal laws supersede state laws, giving these agencies leverage over local authorities. However, in practice, these agencies rely on individually negotiated agreements with local authorities to carry out their operations.
The Supremacy Clause, ratified in 1788 as part of the US Constitution, is a significant structural provision that reinforces the division of federal and state power. It establishes that federal law can preempt state law, either expressly or impliedly. Express preemption occurs when federal law explicitly states its supremacy over state law. On the other hand, implied preemption occurs when the intent for federal law to override state law is inherent in its structure and purpose.
An example of express preemption is the Hillsborough County v. Automated Med. Labs., Inc. case in 1985, where the federal law expressly preempted state law. On the other hand, implied preemption can be seen in the concept of field preemption, where federal law is so pervasive that it is reasonable to infer that Congress did not leave room for states to supplement it. This is demonstrated in the Chicago, Rock Island & Pacific Ry. case, where the Supreme Court asserted that congressional action in certain fields automatically displaced state laws in those areas.
While state and local authorities can generally enforce federal criminal law, they may not have the power to enforce civil law without federal deputation. For example, in Arizona, sheriffs were federally deputized to enforce federal immigration law. However, a state law attempting to legislate new immigration law was struck down as it encroached on powers given to Congress for enforcement by the federal executive. This illustrates the principle that federal law takes precedence over state law, and state laws cannot contradict or impede the enforcement of federal laws.
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Local police can enforce federal immigration law
While there is no federal police force as such in the US, federal laws take precedence over state laws. This means that federal agencies like the FBI, DEA, and ICE can hold some sway over local authorities. However, in practice, local police do not have to cooperate with these agencies.
Some states have passed laws that punish officials who prevent the enforcement of immigration laws by local police. For instance, Texas' Senate Bill 4 created penalties for officials who adopt or enforce policies that prohibit the enforcement of immigration laws.
Historically, the debate around local police enforcing immigration laws has centred on the large numbers of "lawbreakers" or illegal aliens depressing wages, versus the perception that foreign labour benefits the economy and promotes relations with source countries. After the September 11 attacks, attention shifted to the perceived lack of federal resources for interior immigration enforcement.
While state and local authorities can generally enforce federal criminal law, including criminal immigration law, they typically do not have the power to enforce civil immigration law without federal deputation. This is because civil immigration law enforcement has been viewed as a strictly federal responsibility, with civil provisions constituting a pervasive and preemptive regulatory scheme that leaves no room for direct state or local involvement. However, this view may be changing, as some argue that state enforcement of the criminal provisions of immigration law is consistent with the state's police power to make arrests for criminal acts.
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Federal government's role in local policing
While there is no federal police force in the US, the federal government has a significant role to play in local policing. This is particularly true when state and local governments are incapable or unwilling to address issues in policing. The federal government has the constitutional power to address the problems of local policing, either independently or in collaboration with state and local authorities.
Federal intervention in local policing is necessary in certain areas, such as excessive use of force, racial discrimination, and the use of surveillance technologies. State and local governments often lack the capacity, expertise, or will to address these issues effectively. The federal government should take a coherent approach to policing, setting rules and standards, identifying and enforcing minimum standards, developing best practices, collecting data, and distributing resources nationwide.
In terms of the relationship between federal and local law enforcement, federal laws take precedence over state laws. While local police do not have to cooperate with federal officers, federal agencies can negotiate agreements with local authorities to enable them to operate. For example, in the case of Arizona v. United States, state authorities attempted to enforce a federal law, which was struck down due to entanglement between different types of government. However, in certain cases, local police can be federally deputized to enforce federal immigration law.
The Attorney General plays a crucial role in empowering state and local law enforcement. They are responsible for providing legal resources and indemnification to law enforcement officers who incur expenses during the performance of their official duties. The Attorney General also has the power to review and modify Federal consent decrees and agreements that may impede the performance of law enforcement functions. Additionally, they work with the Secretary of Defense and Homeland Security to increase the provision of excess military and national security assets to assist state and local law enforcement.
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Federal deputization
While there is no federal police force per se, there are federal law enforcement agencies such as the FBI, DEA, and ATF. These agencies rely on individually negotiated agreements with local authorities to be able to operate.
The Administrator of the Transportation Security Administration may also deputize state or local law enforcement officers to carry out federal airport security duties. In this case, the officers are treated as federal employees and are subject to federal supervision and control.
It is important to note that while state and local authorities can generally enforce federal criminal law, they do not have the power to enforce civil immigration law without federal deputization.
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Frequently asked questions
Technically, there is no federal police force in the US. However, federal laws override state laws, and federal agencies can negotiate with local authorities to operate. While local police can generally enforce federal criminal law, they do not have the authority to enforce civil immigration law without federal deputation.
Federal statutes allow state and local police to enforce immigration law directly. However, they cannot enforce civil immigration law without federal deputisation. Local police can assist in enforcing federal immigration law by investigating and arresting people who have violated these laws.
When federal and state laws conflict, federal law takes precedence. For example, in Arizona v. United States, the state attempted to enforce a federal law, but it was struck down due to excessive entanglement between different levels of government.
Local police can symbolically stand against federal law enforcement, as seen in Alabama's Governor George Wallace's attempt to prevent federal troops from enforcing school integration. While local police can be called in to support this, doing so would be treasonous and could precipitate civil conflict.
Yes, local police can receive federal funding. However, they must then comply with anti-discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968 and Title VI of the Civil Rights Act of 1964, which prohibit discrimination based on race, colour, sex, or national origin.
