NCSL Immigration Reform Policy Statement on State and Local Enforcement of the Immigration Laws

Earlier this week, ImmigrationProf updated readers on recent changes to the San Francisco “sanctuary” ordinance.  The National Conference of State Legislatures (NCSL) in its “Immigration Reform-Official Policy” statement  expresses its views about the role of state and local governments in immigration enforcement:

“NCSL has long-standing policy related to the role of state and local law enforcement in immigration law. State legislators believe that enforcement of federal civil immigration law is a federal responsibility. State involvement in enforcement of our nation’s immigration laws should be at state option under the current Memorandum of Understanding (MOU) process provided for in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). NCSL holds firmly that states do not have `inherent authority’ to enforce federal civil immigration law. We also oppose efforts to perpetuate this myth of `inherent authority’ indirectly by shifting federal responsibility of immigration enforcement to state and local law officers through the criminalization of any violation of federal immigration law. . . . NCSL is strongly opposed to any efforts to shift enforcement of civil immigration law to state and local law enforcement agencies.”

KJ