Thursday, June 14th, 2018

Preempting Immigration Detainer Enforcement Under Arizona v. United States

"The power of the states to participate in immigration enforcement has been hotly debated. With its June 25, 2012 decision in Arizona v. United States, the Supreme Court dealt a hard blow against state involvement in immigration enforcement.

This article addresses the impact of Arizona’s preemption analysis on one particular kind of state participation in immigration enforcement: compliance with federal immigration detainers by prolonging detention of suspected immigration violators who would otherwise be released from custody. I consider whether states, while not required, may nonetheless choose to prolong detention in compliance with immigration detainers. Or is prolonged detention foreclosed completely by Arizona? 

Part I briefly discusses the immigration detainer’s role in immigration