Enforcing Immigration Law: The Role of State and Local Law Enforcement Page: 26 of 35
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CRS-22
" reaffirm the existing general authority of state and local law
enforcement to investigate, apprehend, and detain aliens in the
United States (including the transportation of such aliens across state
lines to detention centers), in the enforcement of immigration law
(H.R. 3137, S. 1362, H.R. 3333, S. 1438 and H.R. 3938);
" prohibit federal funding to states and localities if they have in effect
a law, policy or practice that prohibits law enforcement officers from
assisting or cooperating with federal immigration law enforcement
in the course of carrying out official law enforcement duties (H.R.
3137, S. 1438, H.R. 3333 and H.R. 3938); require such funding to
be reallocated to states that comply with federal immigration law
enforcement (H.R. 3137 and H.R. 3938);
" make it a violation of 8 U.S.C. 1373(a) and 1644 for a state or
locality to have in effect a law, policy or practice that prohibits law
enforcement officers from assisting or cooperating with federal
immigration law enforcement in the course of carrying out official
law enforcement duties or from providing information to the federal
government with respect to the immigration status of individuals
who are believed to be illegally present in the United States (S.
1362);
" require the Secretary of DHS to reimburse state and localities for all
reasonable expenses incurred as a result of providing information on
possible illegal aliens apprehended in their jurisdictions (S. 1362, S.
1438, H.R. 3333 and H.R. 3938);
" impose a fine and/or increase the criminal penalty for aliens in
violation of immigration laws by sentencing them to "not less than
one year" (H.R. 3137), while S. 1362 would increase the penalty by
up to one year; also, the bills would increase the criminal penalty for
aliens in violation of immigration laws from six months to one year
and subject their assets to forfeiture (H.R. 3137, S. 1362, H.R. 3333
and H.R. 3938);
" make illegal presence in the United States a felony (H.R. 3137 and
H.R. 3333), while S. 1362 would make illegal presence in the United
States a misdemeanor.
" allows as an affirmative defense with respect to illegal presence due
to the alien overstaying the terms of his visa due to an "exceptional
and extremely unusual hardship or physical illness" that prevented
the alien's departure from the United States (S. 1362, H.R. 3333 and
H.R. 3938);
" increase the civil penalties for aliens who fail to depart the country
(H.R. 3137 and H.R. 3938), and subject their assets to forfeiture,
under certain circumstances (H.R. 3137, S. 1362, H.R. 3333 and
H.R. 3938);
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Seghetti, Lisa M.; Viña, Stephen R. & Ester, Karma. Enforcing Immigration Law: The Role of State and Local Law Enforcement, report, January 27, 2006; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc806233/m1/26/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.