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Secondly, much of the data being
entered into this criminal database is inaccurate or out of date. This will
inevitably lead to false arrests and civil rights violations, as well as litigation
that states and localities cannot afford.
In addition to the NCIC arrests, some states have entered into Memoranda of
Understanding (MOUs) with the DHS so that a cadre of their police officers
can be trained in immigration enforcement and take on additional duties.
While these arrangements are few and far between, they are causing
distress in the states where they exist or are under consideration. In many
cases, they can have the same negative impact as the NCIC arrests or broad
authorization of police to enforce immigration laws: they can chill
immigrants’ cooperation with state and local law enforcement in criminal
matters.
PAGE 3
State and Local
Police Enforcement
of Federal
Immigration Laws:
Immigrant advocates are in the preferable position of favoring good law
enforcement policy. Carving out a greater role for state and local police in
the enforcement of federal immigration laws will make police less effective in
their primary missions: protecting public safety and fighting crime. That is
why so many government leaders, police departments, and others have
come out in opposition to the CLEAR Act, the bill that unfortunately passed
the House in December 2005.
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