U.S. Code » Title 8 » Chapter CHAPTER 12— IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER II— IMMIGRATION › Part Part V— Adjustment and Change of Status

8 U.S.C. § 1252c

Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens

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(a) In generalNotwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement officials are authorized to arrest and detain an individual who—(1) is an alien illegally present in the United States; and(2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction,but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal custody for purposes of deporting or removing the alien from the United States.(b) Cooperation

The Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out duties under subsection (a) is made available to such officials.

(Pub. L. 104–132, title IV, § 439, Apr. 24, 1996, 110 Stat. 1276.)Editorial NotesCodification

This section was enacted as part of the Antiterrorism and Effective Death Penalty Act of 1996, and not as part of the Immigration and Nationality Act which comprises this chapter.

Statutory Notes and Related SubsidiariesAbolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

Notes of Decisions
Cited in 31 cases (4 in the last 5 years), 1999–2026 · leading case: United States v. Arizona, 641 F.3d 339 (9th Cir. 2011).
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United States v. Arizona, 641 F.3d 339 (9th Cir. 2011). · cites it 24× “As authorized by 8 U.S.C. § 1252c, state and local officers may, "to the extent permitted by relevant State .”
United States v. State of Texas, 97 F.4th 268 (5th Cir. 2024). · cites it 6× “4 also appears to permit an end-run around 8 U.S.C. § 1252c. Section 1252c authorizes “State and local law enforcement officials” to “arrest and detain” noncitizens “illegally present in the United States” only if the noncitizen “has previously been convicted of a felony in the…”
City & Cnty. of S.F. v. Sessions, 349 F. Supp. 3d 924 (N.D. Cal. 2018). · cites it 2× “§ 1324 (c) (authorizing state and local officers to make arrests for INA violations); 8 U.S.C. § 1252c (authorizing state and local officers to make arrests for unlawful reentry); Homan Decl.”
Liranzo v. United States, 690 F.3d 78 (2d Cir. 2012). “See 8 U.S.C. § 1252c(a); 8 U.S.C. § 1103 (a)(10); Arizona v.”
City of El Cenizo v. Texas, 264 F. Supp. 3d 744 (W.D. Tex. 2017). · cites it 3× “]” In the absence of a formal cooperation agreement under 'Section 1367(g), the INA authorizes state and local law enforcement to make arrests for certain criminal law violations that can also form the predicate for re-movability.”
Ramon v. Short, 2020 MT 69 (Mont. 2020). · cites it 2× “8 U.S.C. § 1252c. However, even under this circumstance, the INA defers to the state, providing that such action is allowed “to the extent permitted by relevant State and local law.”
City of Philadelphia v. Sessions, 280 F. Supp. 3d 579 (E.D. Pa. 2017). “The Memorandum also identifies 8 U.S.C. § 1252c. This section authorizes state and local law enforcement officials to arrest and detain any-noncitizen illegally present in the United States following deportation from, or voluntarily leaving, the United States after being…”
United States v. Ramon Villa-Velazquez, Also Known as Ramon Villa, Also Known as J. Ramon Villa, Also Known as J. Ramon Villa-Velazquez, 282 F.3d 553 (8th Cir. 2002). · cites it 2× “8 U.S.C. § 1252c(a). 5 Nebraska law provides that “a peace officer may arrest a person without a warrant if the officer has reasonable cause to believe that such person has committed .”
Lopez-Aguilar v. Marion Cnty. Sheriff's Dep't, 296 F. Supp. 3d 959 (S.D. Ind. 2017). “2492 (citing 8 U.S.C. § 1252c ); and authorization "to arrest for [the federal crime of] bringing in and harboring certain aliens[.”
United States v. California, 314 F. Supp. 3d 1077 (E.D. Cal. 2018). “" Subsection (b) imposes an obligation on the Attorney General to cooperate with states in providing information that would assist state and local law enforcement, but does not impose any corollary obligations on state or local law enforcement.”
Georgia Latino All. for Human Rights v. Deal, 793 F. Supp. 2d 1317 (N.D. Ga. 2011). · cites it 2× “8 U.S.C. § 1252c does not contradict § 1357 or § 1103.”
Mercado v. Dallas Cnty., 229 F. Supp. 3d 501 (N.D. Tex. 2017). “§ 1252c, DHS may delegate arrest authority to state and local officials; (3) detention by state and local government officials pursuant to a federal immigration detainer is authorized by federal law, including 8 U.S.C. § 1357 (g)(10), which states that a formal agreement is not…”
Show all 31 citing cases →
8 U.S.C. § 1252c(a): 16 cases
United States v. State of Texas, 97 F.4th 268 (5th Cir. 2024). “4 also appears to permit an end-run around 8 U.S.C. § 1252c. Section 1252c authorizes “State and local law enforcement officials” to “arrest and detain” noncitizens “illegally present in the United States” only if the noncitizen “has previously been convicted of a felony in the…”
United States v. Arizona, 641 F.3d 339 (9th Cir. 2011). “As authorized by 8 U.S.C. § 1252c, state and local officers may, "to the extent permitted by relevant State .”
Liranzo v. United States, 690 F.3d 78 (2d Cir. 2012). “See 8 U.S.C. § 1252c(a); 8 U.S.C. § 1103 (a)(10); Arizona v.”
United States v. Ramon Villa-Velazquez, Also Known as Ramon Villa, Also Known as J. Ramon Villa, Also Known as J. Ramon Villa-Velazquez, 282 F.3d 553 (8th Cir. 2002). “8 U.S.C. § 1252c(a). 5 Nebraska law provides that “a peace officer may arrest a person without a warrant if the officer has reasonable cause to believe that such person has committed .”
United States v. California, 314 F. Supp. 3d 1077 (E.D. Cal. 2018). “" Subsection (b) imposes an obligation on the Attorney General to cooperate with states in providing information that would assist state and local law enforcement, but does not impose any corollary obligations on state or local law enforcement.”
8 U.S.C. § 1252c(b): 1 case
Nat'l Council of La Raza v. Gonzales, 468 F. Supp. 2d 429 (E.D.N.Y 2007).
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