POLICING MEASURES IN THE STATES 

POLICING MEASURES
 
Alabama (2011) Read the law
  • "Upon any lawful stop, detention, or arrest made by a state, county, or municipal law enforcement officer of this state in the enforcement of any state law or ordinance of any political subdivision thereof, where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the citizenship and immigration status of the person, except if the determination may hinder or obstruct an investigation.”
  • “Requires law enforcement to detain any alien whose lawful immigration status cannot be verified."

  STATUS: Eleventh U.S. Circuit Court of Appeals upheld policing provisions.

 
ARIZONA (2010) Read the law
  • “For any lawful contact made by a law enforcement official . . . where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person.”
  • Requires law enforcement to verify the immigration status of any person arrested prior to their release.

  STATUS: U.S. Supreme Court upheld policing provisions.

 
GEORGIA (2011) Read the law
  • “During any investigation of a criminal suspect by a peace officer, when such officer has probable cause to believe that a suspect has committed a criminal violation, the officer shall be authorized to seek to verify such suspect’s immigration status.”
  • “If during the course of the investigation into such suspect’s identity, a peace officer receives verification that such suspect is an illegal alien, then such peace officer may take any action authorized by state and federal law, including, but not limited to, detaining such suspected illegal alien.”

  STATUS: Eleventh U.S. Circuit Court of Appeals upheld policing provisions.

 
SOUTH CAROLINA (2011) Read the law
  • “If a law enforcement officer . . . lawfully stops, detains, investigates, or arrests a person for a criminal offense, and during the commission of the stop, detention, investigation, or arrest the officer has reasonable suspicion to believe that the person is unlawfully present in the United States, the officer shall make a reasonable effort, when practicable, to determine whether the person is lawfully present in the United States, unless the determination would hinder or obstruct an investigation.”

  STATUS: U.S. District Court upheld policing provisions.

 
UTAH (2011) Read the law
  • “Any law enforcement officer who, acting in the enforcement of any state law or local ordinance, conducts any lawful stop, detention, or arrest of a person . . . and the person is unable to provide to the law enforcement officer a document [that verifies his or her legal status] and the officer is otherwise unable to verify the identity of the person, the officer shall request verification of the citizenship or the immigration status of the person.”
  • Requires police to check the immigration status of individuals arrested for felonies and serious misdemeanors.

  STATUS: U.S. District Court issued temporary restraining order against policing provisions.