Since the September 11, 2001, terrorist attacks, the enforcement of our nation's immigration laws has received a significant amount of attention. Some observers contend that the federal government does not have adequate resources to enforce immigration law and that state and local law enforcement entities should be utilized. Several proposals introduced in the 109th Congress would enhance the role of state and local officials in the enforcement of immigration law, including the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.R. 4437); the Save America Comprehensive Immigration Act of 2005 (H.R. 2092); Clear Law Enforcement for Criminal Alien Removal Act of 2005 (H.R. 3137); Homeland Security Enhancement Act of 2005 (S. 1362); Comprehensive Enforcement and Immigration Reform Act of 2005 (S. 1438); Rewarding Employers that Abide by the Law and Guaranteeing Uniform Enforcement to Stop Terrorism Act of 2005 (H.R.3333); Scott Gardner Act (H.R. 3776); and the Enforcement First Immigration Reform Act of 2005 (H.R. 3938). This proposed shift has prompted many to question what role state and local law enforcement agencies should have in the enforcement of immigration law, if any.

This report examines some of the policy and legal issues that may accompany the increasing role of state and local law officials in the enforcement of immigration law. This report will be updated as warranted.