NCJ Number
98149
Journal
U C Davis Law Review Volume: 17 Issue: 2 Dated: (Winter 1984) Pages: 505-548
Date Published
1984
Length
44 pages
Annotation
Routine immigration law enforcement practices of the Immigration and Naturalization Service (INS) are described on the basis of observations carried out during fieldwork in 1981-1982.
Abstract
The most important distinguishing characteristic of INS law enforcement is the option of using either or both criminal and civil proceedings. Although both are available, the vast majority of prosecutions are civil, probably in part because of the nonviolent character of the offenses and the size of the caseload. An additional characteristic is the frequency of arrest without warrant of suspected deportable aliens. In addition to being an area of continuing and troublesome litigation to the INS, warrantless arrests in public and private places carry a heavy load of uncertainty for officers who must try to keep pace with latest legal rulings and policy guidelines. Criminal prosecution is usually reserved to those cases in which the individual is a patterned and practiced violator, there are aggravating factors, or officers possess reliable information that the individual is involved in other more serious crimes. In addition to these legal and political constraints on effective enforcement by the INS, resource constraints limit the INS in achieving strategic deterrence objectives and contribute to differential and unequal enforcement. The crisis in immigration law enforcement, although primarily caused by a dramatic increase in caseloads without equivalent increases in resources, is also due to the appeal rights for aliens, the various relief and benefits provisions of the Immigration and Nationality Act of 1952, and judicial scrutiny of INS adjudications and enforcement activities. Footnotes are included.