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Balancing Federal, State, and Local Priorities in Police-Immigrant Relations

June 2008

Below is the executive summary of this publication. Read the complete report in pdf.

Since the terrorist attacks of September 11, 2001, changes in federal, state, and local law-enforcement priorities and practices have had a profound impact on America’s Muslims, Arabs, and South Asians.  Some of these policy shifts applied exclusively or primarily to those communities, such as the federal “special registration” program, selective enforcement of immigration laws based on national origin or religion, and expanded federal counter-terrorism efforts that targeted these communities.  At the same time, a wide range of ethnic groups have been affected by the use of state and local police agencies to enforce federal immigration law, and the aggressive use of detention and deportation authority for even minor infractions and technicalities.

Among the findings of this report:

  • Before 9/11, under the rubric of the community-policing model, law-enforcement agencies and immigrant and minority communities had carried out extensive efforts to improve trust and reach out to each other.

  • After 9/11, these achievements were overshadowed by intense pressure on the federal government to identify and remove potential terrorists. Despite the need to focus efforts on terrorists and their sympathizers, the government used its immigration-enforcement authority to target people who were not linked to terrorist groups or criminal activity, but had violated civil immigration laws and were Muslim, Arab, or South Asian.

  • Muslim, Arab, and South Asian groups have reported increased apprehension about contacting the police for domestic disputes or other basic infractions as they witnessed or experienced gross civil-rights and civil-liberties abuses after 9/11.

  • Immigrant and minority communities have witnessed an increase in formal cooperation agreements between the Department of Homeland Security (DHS)  and state and local law-enforcement agencies under section 287(g) of the Immigration and Nationality Act.

  • Since enactment of the USA PATRIOT Act, federal, state, and local police departments have conducted a wider range of surveillance activities in targeted communities, such as planting informants in mosques.  The use of informants can produce suspicion throughout the community if handled poorly.

  • Many immigrant and minority communities responded to 9/11 as an opportunity for greater civic engagement and outreach to their local police forces.   These communities launched concerted efforts to educate the wider public about Muslim, Arab, and South Asian cultures and religions through efforts that went far beyond simply improving relations with law enforcement.

  • The experiences of Dearborn, Michigan; Portland, Oregon; and San Jose, California demonstrate the ways in which law-enforcement agencies and community organizations can work together to reduce immigrants’ fears, improve cultural awareness among police officials, and maintain the open lines of communication necessary for conducting good police work.

Immigration Policy Center - 1331 G Street NW - Suite 200 - Washington DC 20005 - 202.507.7500 (voice) - 202.742.5619 (fax) - [email protected]