It is the policy of
the executive branch to empower State and local law enforcement
agencies across the country to perform the functions of an immigration
officer in the interior of the United States to the maximum extent
permitted by law.
(a) In furtherance of this policy, the
Secretary shall immediately take appropriate action to engage with the
Governors of the States, as well as local officials, for the purpose of
preparing to enter into agreements under section 287(g) of the INA (8
(b) To the extent permitted by law and with the
consent of State or local officials, as appropriate, the Secretary shall
take appropriate action, through agreements under section 287(g) of the
INA, or otherwise, to authorize State and local law enforcement
officials, as the Secretary determines are qualified and appropriate, to
perform the functions of immigration officers in relation to the
investigation, apprehension, or detention of aliens in the United States
under the direction and the supervision of the Secretary. Such
authorization shall be in addition to, rather than in place of, Federal
performance of these duties.
(c) To the extent permitted by
law, the Secretary may structure each agreement under section 287(g) of
the INA in a manner that provides the most effective model for enforcing
Federal immigration laws for that jurisdiction.