FLAKE. Mr. President, immigration enforcement is one of the
Federal Government's most essential responsibilities. It is also one of
the most debated and rightly so. Those of us in this body need to
ensure that Federal immigration laws secure our borders from criminal
and terrorist threats and facilitate effective interior enforcement to
keep citizens safe. At the same time, our laws must promote a system of legal immigration
that encourages economic growth and opportunity, especially in border
communities like those in my home State of Arizona, but while we debate
these policies on the Senate floor, local police officers and sheriffs
around the country are serving on the frontlines of immigration
enforcement. These men and women put their lives on the line every time
they go out on patrol. For them, immigration policy is not a
hypothetical exercise, it is part of the day in and day out reality of
serving in law enforcement. Throughout the country, local officers
increasingly find themselves coming in contact with individuals who,
after being apprehended for the commission of a crime, are determined
to be in the country illegally. This is especially common in border
States like Arizona. Once it is determined an individual in their custody is in the
country illegally, that information is relayed to Immigration and
Customs Enforcement or ICE. ICE can then send a request to local
officials with instructions to hold that individual for up to 48 hours
so they can be transferred to Federal custody. This is called a
detainer request. The partnership between law enforcement authorities
at all levels of government leverages vital information and resources
in order to keep dangerous criminals off the streets. The Federal
Government has no better partners in this effort than State and local
law enforcement agencies from Arizona. Despite the critical role these entities play in assisting their
Federal partners with immigration enforcement, current Federal policy
leaves them exposed with the threat of costly litigation. That is
because third-party groups that oppose detention have threatened local
agencies that choose to comply with valid detainer requests. They are
threatened with lawsuits.
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