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49 Ariz. L. Rev. 113 (2007)
Racial Profiling in Immigration Enforcement: State and Local Agreements to Enforce Federal Immigration Law

handle is hein.journals/arz49 and id is 129 raw text is: RACIAL PROFILING IN IMMIGRATION ENFORCEMENT: STATE AND LOCAL AGREEMENTS TO ENFORCE FEDERAL IMMIGRATION LAW Carrie L. Arnold* INTRODUCTION After the tragic attacks of September 11, 2001, the lack of communication and cooperation among local, state, and federal law enforcement became the subject of intense criticism.1 Under pressure to deal with illegal immigration, the Department of Justice (DOJ) began to consider extending immigration enforcement responsibilities to state and local agencies. In 1996, the DOJ had asserted that state and local officers do not have the power to enforce civil immigration violations,3 such as overstaying one's visa,4 but have power only to enforce criminal immigration violations, such as illegal entry into the country.5 In * J.D. Candidate, University of Arizona James E. Rogers College of Law, 2007. The Author would like to thank Professor Gabriel J. Chin and the editors and writers of the Arizona Law Review for their assistance with this Note. The Author is especially grateful to Managing Editor Naomi Jorgensen for her attention to detail and superior editing skills. Finally, the Author would like to thank her parents, Bruce and Marcia Arnold, her sister, Alicia Sunga, and her fiance, Chad Parker, for their enduring love and support. 1. Marc M. Harrold, Community Policing and Enforcement of Immigration Laws, IMMIGR. L. TODAY, Sept.-Oct. 2005, at 31, 31. 2. Nat'l Immigr. Law Ctr., Justice Dept. Contemplates Extending Immigration Enforcement Responsibilities to State and Local Agencies, IMMIGRANTS' RTS. UPDATE, Apr. 12, 2002, available at http://www.nilc.org/immlawpolicy/arrestdet/ad049.htm. 3. Assistance by State and Local Police in Apprehending Illegal Aliens, 20 Op. Off. Legal Counsel 26, pt. II.B (1996). 4. See id. 5. Gonzales v. City of Peoria, 722 F.2d 468, 476 (9th Cir. 1983), overruled on other grounds by Hodgers-Durgin v. De la Vina, 199 F.3d 1037, 1040 n.1 (9th Cir. 1999). Many other cases allow for state and local enforcement of criminal violations but not civil violations. See, e.g., Farm Labor Org. Comm. v. Ohio State Highway Patrol, 991 F. Supp. 895, 903 (N.D. Ohio 1997) (permitting state highway patrol officers to enforce criminal provisions of federal immigration law); Gutierrez v. City of Wenatchee, 662 F. Supp. 821, 824 (E.D. Wash. 1987) (holding that local police officers cannot detain people based on a suspicion of violation of civil immigration laws); Gates v. L.A. Superior Court, 238 Cal.

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