On January 27th, U.S. President Donald Trump issued an Executive Order on “Protecting the Nation From Foreign Terrorist Entry into the United States.” While recognizing that the measures outlined in the executive order were implemented so to enhance the security of the United States, the IACP believes that to minimize confusion and ensure the effectiveness of these changes, it is critically important that they be implemented in a carefully thought out and structured fashion. Both law enforcement officials in the United States, and their international partners, need clear guidance on the impact that these adjustments will have on their daily operations and the changes that may be required to their policies and procedures.
There have also been recent reports that the Trump Administration is considering using state and local law enforcement agencies in the apprehension and removal of illegal aliens in the United States. To be clear, President Trump’s January 25th Executive Order (Enhancing Public Safety in the Interior of the United States) only directs the Secretary of Homeland Security to use his existing authority under Section 287(g) of the Immigration and Nationality Act to enter into voluntary agreements with state and local agencies to perform immigration enforcement duties. This approach is consistent with the efforts of previous administrations and is dependent upon the consent of the state or local entity.
However, the IACP has, and will continue to strongly oppose any initiative that would mandate that state and local law enforcement agencies play a role in the enforcement of federal immigration law. The IACP believes that the issue of state, tribal, or local law enforcement’s participation in immigration enforcement is an inherently local decision that must be made by law enforcement executives, working with their elected officials, community leaders, and citizens.