Immigration

Immigration

The ACS State Attorneys General Project develops, collects, and disseminates legal resources highlighting and examining the authority and actions of state attorneys general in key policy areas. This page collects resources related to immigration.

California Department of Justice, Information Bulletin, Responsibilities of Local Law Enforcement Agencies under Secure Communities and the TRUST Act (June 2014)

Sets out the limitations on detaining people pursuant to ICE detainer requests.

California Department of Justice, Information Bulletin, California Values Act’s Database Guidance (Oct. 2018)

Sets out guidance, audit criteria, and training recommendations aimed at ensuring databases operated by state and local law enforcement are governed in a manner that limits availability of information therein to anyone for the purpose of immigration enforcement.

Office of the Attorney General for the District of Columbia, Defending Our Immigrant Community

Provides information about immigrants’ rights in schools, the workplace, and when ICE officers come to a residence.

Office of the Attorney General for the State of Illinois, Guidance to Law Enforcement: Prohibitions Under Illinois Law on Engaging in Immigration Enforcement (Updated July 12, 2019)

Guidance intended to clarify the restrictions on Illinois law enforcement agencies and officials to participate in immigration enforcement under Illinois law.

Office of the Attorney General for the State of Illinois, Guidance for Illinois Residents: Impact of Immigrations Status on Employees’ Rights in the Workplace (Dec. 2018)

Guidance providing details on the obligations of and protections for workers and employers in the workplace under federal immigration law and state and federal workplace laws.

See also, Office of the Attorney General for the State of Illinois, Immigration: Know Your Rights

Public awareness campaign to help immigrants in Illinois understand their rights and responsibilities when interacting with law enforcement.

Maryland Office of the Attorney General, Guidance Memorandum, Local Enforcement of Federal Immigration Law: Legal Guidance for Maryland State and Local Law Enforcement Officials (Dec. 2018)

Describes for Maryland State and local governments the current legal landscape governing the participation of law enforcement officials in immigration enforcement.

Office of the Massachusetts Attorney General, Civil Rights Division, Investigation Into the Events of May 1, 2020 at the C. Carlos Carreiro Immigration Detention Center, Unit B, Bristol County Sherriff’s Office (Dec. 15, 2020).

After an extensive investigation into a May 1, 2020 incident at Bristol County Jail and House of Correction, Attorney General Maura Healey issued this report finding that the Bristol County Sheriff’s Office violated the civil rights of federal immigration detainees during the course of responding to a disturbance in the unit where the detainees were housed. The AG’s Office recommended a series of reforms to address the systemic issues at the facility, ensure public health and safety, and protect the rights of detainees.

Office of Massachusetts Attorney General Maura Healy, Protections for Immigrant Communities

Online resource providing more information about protections for immigrants in Massachusetts, including equal access to public education, employment protections, and access to healthcare. The site also provide information to schools, institutions of higher education, and health care providers on how to protect students and patients.

New Jersey Attorney General, Immigrant Trust Directive (revised Sept. 27, 2019)

In November 2018, Attorney General Gurbir Grewal issued a statewide policy designed to strengthen trust between New Jersey’s law enforcement officers and the state’s diverse immigrant communities. The Directive limits the types of voluntary assistance that New Jersey’s 36,000 law enforcement officers may provide to federal immigration authorities and applies to state and local police officers, correctional officers working in state prisons and county jails, and state and county prosecutors. The Directive ensures that victims and witnesses feel safe reporting crimes to local police without fear of deportation.

See, Robert Moran, Justice Department sues New Jersey over immigration enforcement, The Philadelphia Inquirer (Feb. 10, 2020)

New York State Attorney General, Press Release, AG James, DA Gonzalez, and The Legal Aid Society Seek to Halt Arrests in Courthouses (Sept. 25, 2019)

See, Larry Neumeister, Judge greenlights suit challenging ICE arrests at NY courts, ABC News (Dec. 19, 2019)

New York State Attorney General, Guidance Concerning Local Authority Participation In Immigration Enforcement And Model Sanctuary Provisions (Jan. 2017)

Originally issued in January 2017, the New York Attorney General supplemented its guidance to local law enforcement agencies about constitutional and statutory limits on local participation in federal civil immigration enforcement.

Nevada Attorney General Aaron D. Ford, Immigrant Rights: Contact with Law Enforcement (July 12, 2019)

Vermont Attorney General Thomas J. Donovan, Jr., Guidance to Vermont Cities & Towns Regarding Immigration Enforcement (March 2017)

Guidance for local governments and law enforcement in Vermont as they consider policies regarding enforcement of immigration law, and cooperation and information sharing with federal immigration authorities.

Washington State Office of the Attorney General, Guidance Concerning Immigration Enforcement (Apr. 2017)

Describes for local government agencies and other entities in Washington State the key elements of the legal landscape governing immigration enforcement.

The Attorneys General of New York, California, the District of Columbia, Oregon, Rhode Island, and Washington, Setting the Record Straight on Local Involvement in Federal Civil Immigration Enforcement: The Facts and The Laws (May 2017)

Report prepared in response to threats of cutting off federal funding and statements by federal officials concerning the involvement of state and local law enforcement in federal civil immigration enforcement.

Washington State Office of the Attorney General, Press Release, AG Ferguson Sues to Stop Trump Administration from Using Washington Courthouses to Snare Immigrants with No Violent History (Dec. 17, 2019)

See, Enrique Perez de la Rosa, Immigrants Nervous to Show Up In Washington Courthouses Over Fear of Federal Entanglement OPB.org (Jan. 17, 2020)

Terri Gerstein, The People's Lawyer, for All the People: State Attorneys General and Immigrants' Rights, ACS Issue Brief (June 25, 2020).

Jonathan Miller, Beyond the Courts: The Role of State and Local Governments in Supporting Immigrant Communities in the Trump Era, ACSblog (July 17, 2018).

ACS Briefing Call, The Travel Ban at The Supreme Court: A Briefing on Trump v. Hawaii (Apr. 19, 2018) (featured Hawaii Lt. Governor and former Attorney General Doug Chin).