8 U.S.C. § 1252c

Current through P.L. 116-282 (12/31/2020)
Section 1252c - Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens
(a) In general

Notwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement officials are authorized to arrest and detain an individual who-

(1) is an alien illegally present in the United States; and
(2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction,

but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal custody for purposes of deporting or removing the alien from the United States.

(b) Cooperation

The Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out duties under subsection (a) is made available to such officials.

8 U.S.C. § 1252c

Pub. L. 104-132, title IV, §439, Apr. 24, 1996, 110 Stat. 1276.

EDITORIAL NOTES

CODIFICATIONThis section was enacted as part of the Antiterrorism and Effective Death Penalty Act of 1996, and not as part of the Immigration and Nationality Act which comprises this chapter.

STATUTORY NOTES AND RELATED SUBSIDIARIES

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONSFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

Attorney General
The term "Attorney General" means the Attorney General of the United States.
Service
The term "Service" means the Immigration and Naturalization Service of the Department of Justice.
State
The term "State" includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
alien
The term "alien" means any person not a citizen or national of the United States.
conviction
The term "conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where-(i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and(ii) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed.
national
The term "national" means a person owing permanent allegiance to a state.
naturalization
The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever.