Archived Policy: This policy is outdated and kept only for historical reference.

9-115 - Police Authority in Immigration Matters

9-115 - Police Authority in Immigration Matters

  • Dates Effective: 05-29-2002 to 04-01-2018
  • Revision Type: Edited - Minor, Renumbered
  • View current policy

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.


Revision Types and Descriptions

  • New: Policy had been added.
  • Combined: Two or more policies were merged.
  • Definitions Update: A glossary definition was updated.
  • Terms Update: A term, not necessarily tied to the glossary, was updated in the Manual.
  • Edited - Major: Significant content or procedural changes.
  • Edited - Minor: Small edits, clarifications, or formatting changes.
  • Renamed: Policy title changed.
  • Renumbered: Policy number was changed.
  • Split: Single policy was divided into multiple.
  • Eliminated: Policy was removed and is no longer in effect.
  • PRH Implementation: Edits for the Policy and Resource Hub; no content changes.