Waiver of Certain Immigration Training for Law Enforcement
Posted Mar 07, 2003

Effective February 26, 2003, the Attorney General has the power to waive required training for state or local law enforcement officers who may be permitted to exercise the law enforcement powers under the Immigration and Nationality Act in the event of a mass influx of foreign nationals. The power is given under an interim rule, effective upon publication.

Rule Permits Immigration Enforcement if Mass Influx

This new rule permits the Attorney General (AG) to authorize state or local law enforcement officers to exercise law enforcement powers under the Immigration and Nationality Act in cases where the Attorney General determines that "an actual or imminent mass influx of aliens arriving off the coast of the United States, or near a land border, presents urgent circumstances requiring an immediate Federal response."

Written Agreements and Training Waived for National Security

The rule requires that the AG enter into written agreements with state or local officials. The agreements are to set out the specific terms and conditions under which officials can exercise immigration law enforcement authority. It is possible to enter into these agreements, as a contingency prior to the determination and declaration that a "mass influx" is expected. The written agreements must contain a term requiring that the law enforcement officers complete a prescribed course in basic immigration law, immigration law enforcement fundamentals and procedures, civil rights law and sensitivity, and cultural awareness. However, while the U.S. Department of Justice recognizes that such training is desirable, it states that in unanticipated situations there may be an insufficient number of trained officers to respond in a timely fashion in order to "protect public safety, public health, or national security." Accordingly, the AG now has the power to waive the training requirement in exceptional circumstances.

The DOJ asserts that these provisions would be rarely used. However, they also state that they believe the U.S. is facing an increased risk of a mass influx. The interim rule allows for comments on how to minimize the need for use of this authority. Examples cited to support the need for this measure include the current situation in Haiti, as well as several attempts at illegal migration to the U.S. by boatloads of Haitians.

Conclusion

It is imperative for law enforcement to respond to emergency situations. Immigration laws should be enforced by trained individuals, however. Increasing the training in land and sea border areas, in particular, would help to ensure immigration issues are handled by those prepared for the task, who understand even the complex and subtle cases that have special nuances. Untrained personnel should be utilized only to provide support for those well-trained officers.