5. Department of Homeland Security · Major · Needs Congress
Authorize state and local police to enforce immigration law
Printed page 150 5. Department of Homeland Security
“Congress should unequivocally authorize state and local law enforcement to participate in immigration and border security actions in compliance with Arizona v. United States.”
What has happened
- Attempted
Public Law 119-21 paid for state and local participation: §100051(b) created the State Border Security Reinforcement Fund ($10 billion through FY2034) for grants to states and localities for, among other things, "detection and interdiction of ... aliens who have unlawfully entered the United States" and their transfer to DHS; §100051(a)(3) and §100052(9) fund assignments of state officers under INA §§103(a) and 287(g) and "expanding, facilitating, and implementing" 287(g) agreements. Money for the existing 287(g) delegation is not the unequivocal statutory authorization the Quote asks for — what a state or local officer may lawfully do under Arizona v. United States is unchanged — so this is a concrete step toward the ask, not enactment of part of it.
- Attempted
Executive Order 14159 §11 directed the Secretary of Homeland Security, "to the maximum extent permitted by law", to authorize state and local officers to perform immigration-officer functions through INA §287(g) agreements — an expansion under existing authority, not the new statutory authorization the Mandate asked Congress for.
Research log
What was searched, and what didn’t count as evidence
Research notes
- Bills that would authorize or protect state participation directly — H.R. 756 / S. 2401 “287(g) Program Protection Act”, the several sanctuary-city bills — were introduced and referred only (bills in Congress, from congress.gov, checked 2026-08-26).
- Action
- expand
- Object
- state and local immigration enforcement authority
- ID
- 361