The United States Code empowers the Immigration and Naturalization Services (INS), U.S. Department of Justice as the sole authority in immigration matters. This means that state and local law enforcement agencies have no authority with respect to immigration violations. The only exception for permissible direct enforcement action by officers is narrowly specified under the Title 8, U.S.C. 1324 which concerns smuggling, transportation, or harboring certain illegal aliens. The officer must first be able to articulate closely the prescribed provisions of Title 8, U.S.C. 1324 and then immediately notify INS to verify alien status. Thereafter, the case will be turned over to INS.
Officers shall not independently undertake to approach, interview, interrogate, detain or arrest any suspected illegal alien or refugee when potential violation of the federal immigration law is the principal issue. Neither shall any officer independently seek to ascertain a suspected illegal alien’s status aside from the following condition:
- An officer reasonably suspecting his/her arrestee (for a non-immigration offense) to be an illegal alien, may notify the U.S. Immigration and Naturalization Services, Department of Justice. INS may then elect to interview, verify, and place a detainer hold upon the MPD’s arrestee for later disposition.
Definitions
Refer to the Commonly Used Terms page for general definitions.