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James Jay Carafano, PhD, Senior Research Fellow for National Security and Homeland Security in the Kathryn and Shelby Cullom Davis Institute for International Studies, in a June 14, 2004 testimony before the House Select Committee on Homeland Security, stated:

“The DHS [U.S. Department of Homeland Security] and the states should pursue, and Congress should support, the use of Section 287 of the Immigration and Naturalization Act (INA) as a mechanism for state and local law enforcement to enforce the immigration aspect of border security. Section 287 (g) of the INA provides authority for state and local enforcement to investigate, detain, and arrest aliens on civil and criminal grounds. Officers governed by a §287 (g) agreement must receive adequate training and operate under the direction of federal authorities. In addition, in a civil lawsuit, the state law enforcement officers would be considered to have been acting under federal authority, thereby shifting liability to the federal government and providing additional immunity for the state law enforcement officers enforcing federal laws.”

June 14, 2004