8 U.S.C. § 1644
Communication between State and local government agencies and Immigration and Naturalization Service
Notwithstanding any other provision of Federal, State, or local law, no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from the Immigration and Naturalization Service information regarding the immigration status, lawful or unlawful, of an alien in the United States.
Notes of Decisions
Cited in 30
cases (2 in the last 5 years), 2004–2022 · leading case: United States v. Arizona
United States v. Arizona (2011)
“[8] Another example of federal authorization for state inquiries into an alien's immigration status is 8 U.S.C. § 1644 , part of the 1996 Welfare Reform Act.”
Arizona v. United States (2012)
“8 U. S. C. §1644 . And, federal law imposes an affirmative obligation on federal officials to respond to a State’s immigration-related inquiries.”
City & County of San Francisco v. Merrick Garland (2022)
“§ 1373 , a provision of the Illegal Immigration Reform and Immigrant Responsibility Act enacted in 1996, and 8 U.S.C. § 1644 , of the Personal Responsibility and Work Opportunity Reconciliation Act.”
Montana Immigrant Justice Alliance v. Bullock (2016)
“§ 1373 (a); 8 U.S.C. § 1644 , and the 25 notification could be effectuated independently of the preempted portions of the law.”
State v. U.S. Dep't of Justice (2018)
“There, the court rejected the City's facial challenge under the Tenth Amendment to § 1373 and the related provision 8 U.S.C. § 1644 , which had conflicted with a mayoral executive *234 order that prohibited City employees from transmitting immigration information to federal…”
Abraham Saldivar v. Jefferson Sessions (2017)
“, 8 U.S.C. § 1644 (“Notwithstanding any other provision of Federal, State, or local law, no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from the Immigration and Naturalization Service information regarding the…”
McCann v. Dart (2015)
“Similarly, 8 U.S.C. § 1644 provides that “no State or local government -2- entity may be prohibited, or in any way restricted, from sending to or receiving from” the INS any information about the immigration status of an alien in the United States.”
McCann v. Dart (2015)
“Similarly, 8 U.S.C. § 1644 provides that "no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from" the INS any information about the immigration status of an alien in the United States.”
United States v. California (2018)
“" In its Complaint, Plaintiff identifies another statute, 8 U.S.C. § 1644 , that contains the same prohibition as Section 1373(a).”
Kearns v. Cuomo (2020)
“17 18 Second, Kearns referred to 8 U.S.C. § 1644 , which provides that “no State 19 or local government entity may be prohibited, or in any way restricted, from 20 sending to or receiving from the Immigration and Naturalization Service 21 information regarding the immigration…”
Doe v. Merten (2004)
“" To the same effect, 8 U.S.C. § 1644 provides that "no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from the Immigration and Naturalization Service information regarding the immigration status, lawful or unlawful, of…”
City of S.F. v. Sessions (2019)
“It modifies this requirement somewhat by also requiring certification of compliance with 8 U.S.C. § 1644 . See DOJ RJN Ex. D ¶¶ 41-43.”
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