The federal government has encouraged local police to assist in apprehending, detaining, and removing undocumented immigrants living in the United States ever since the 1980s. State governments, by themselves, do not have the authority to directly regulate immigrants’ presence or immigration; that power belongs to the federal government pursuant to Article I, Section 8 of the U.S. Constitution’s Commerce Clause, among other sources. However, federal officials have permitted—sometimes even coerced—states to “cooperate” in reporting undocumented immigrants and aiding in “identification, apprehension, detention, or removal” of these immigrants.
Cardozo Law Review de·novo
Shahshahani, Azadeh, "Local Police Entanglement with Immigration Enforcement in Georgia" (2017). Cardozo Law Review de•novo. 52.