Thread: The inherent authority of local police to make immig. arrest

THE QUINTESSENTIAL FORCE MULTIPLIER: THE
INHERENT AUTHORITY OF LOCAL POLICE TO MAKE
IMMIGRATION ARRESTS
Kris W. Kobach
* Professor of Law, University of Missouri (Kansas City) School of Law.

NOTE: This is a very truncated version of the entire article. I posted only parts of the introduction and conclusion. The entire research article is well worth a read. It can be found at: http://thedustininmansociety.org/docs/k ... 6feb22.pdf

I. INTRODUCTION
The terrorist attacks of September 11, 2001 underscored for all
Americans the link between immigration law enforcement and
terrorism. Nineteen alien terrorists had been able to enter the
country legally and undetected, overstay their visas or violate their
immigration statuses with impunity, and move freely within the
country without significant interference from federal or local law
enforcement.

The abuse of U.S. immigration laws was
instrumental in the deaths of nearly 3,000 people. Moreover, any
suicide attack by an alien terrorist in the future will likely entail
additional violations of U.S. immigration laws. Either the terrorist
will attempt to enter the United States legally and will violate the
terms of his nonimmigrant status in the planning and execution of
his attack,2 or the alien terrorist will enter without inspection
(EWI), which is itself a violation of U.S. immigration law.

The fact that the 9/11 terrorists had been able to exploit
weaknesses in the enforcement of immigration laws was not
surprising to those engaged in the execution of federal immigration
law. Enforcing the immigration laws is one of the most daunting
challenges faced by the federal government. With an estimated 7 to
10 million illegal aliens already present in the United States4 and
fewer than 2000 interior enforcement agents at its disposal, the U.S.
Bureau of Immigration and Customs Enforcement (ICE) has a
Herculean task on its hands—one that it cannot easily accomplish
alone.5 After 9/11, it became clear that an effective domestic war
against terrorism would require improvements in the enforcement
of immigration laws.

On June 6, 2002, Attorney General John Ashcroft announced the
National Security Entry-Exit Registration System (NSEERS), a
program that would require high-risk alien visitors to provide
fingerprints and extensive biographical information. It would also
require such aliens to re-register with U.S. immigration officials
periodically and would, for the first time, impose real-time
departure controls on such high-risk visitors.6 Violators of the
NSEERS requirements would be listed in the National Crime
Information Center (NCIC) database, accessible in the squad cars of
most local police departments, allowing local law enforcement
officers to make arrests of such high-risk immigration law
officers); id. § 1182(a)(9)(B)(ii) (defining “unlawful presenceâ€

Thank you Mr. Kobach.

On June 6, 2002, Attorney General John Ashcroft announced the
National Security Entry-Exit Registration System (NSEERS), a
program that would require high-risk alien visitors to provide
fingerprints and extensive biographical information.

high-risk alien visitors --what is the criteria? Possible terrorist?

Those deemed high-risk alien visitors should not be allowed entry period. It is too late after the fact.


"The best predictor of future behavior is past behavior." Dr. Phil