Speech #980151420

Arizona. No. 825432 (Dec. 16. 1983). recognizes this historical pattern as both constitutional and desirable. In this case. local police had detained certain aliens for immigration authorities after the police had found probable cause to believe that the aliens were in the United States illegally. The plaintiffs claimed that such "immigration holds" violated their constitutional rights. The opinion looked to congressional intentions. and found that. according to the conference report on the Immigration and Nationality Act. "0 * * other (that is. nonFederal) officers whose duty it is to enforce criminal laws would have authority to make an arrest for a violation of a provision of the act." (Conf. Rept. No. 1505. 82d Cong.. 2d Sess. reprinted in 1952 U.S. Code & Ad. News 1360. 1361.) The court also looked to State law and found that the local police in this situation were required by State law to enforce the provisions of the immigration laws. More importantly. however. the court found that such cooperation. where police satisfy all of the normal requirements of the fourth amendment. was constitutional. Some observers had criticized my amendment on the grounds that aliens constitutional rights would be violated by such cooperation. I believe that this decision. in combination with other decisions which clearly demonstrate the constitutionality of enforcement of immigration laws by State and local officers. see. e.g.. Testa v. Katt. 330 U.S. 386. 38991 (1947). has laid that objection to rest. Attorney General Smiths decision to begin cooperation again is welcome. I believe. however. that the longterm interests of the country would be served by placing such cooperation on a firm statutory basis not subject to the interpretative whims of administration officials such as former Attorney General Bell. Thus I am pleased to hear that an effort may be made to reintroduce my amendment during consideration of the version of the Simpson/Mazzoli immigration reform bill now pending in the House of Representatives. The Select Commission on Immigration and Refugee Policy recommended that an immigration enforcement system be in place before major immigration reforms. such as amnesty or employer sanctions. are enacted into law. I fully agree with those recommendations. and add observations based on the collective enforcement experience of immigration officers. Interagency cooperation is needed. more so now than before as we move to implement the new provisions of the Simpson/Mazzoli bill in a period of budget tightening. Without consistent and sensitive cooperation from local law enforcement agencies. the Immigration Service cannot effectively enforce immigration laws within the United States. The border patrol associations. both active and retired. along with the National Sheriffs Association. enthusiastically support intergovernmental cooperation. It is time we gave them some much needed assistance.*