title
An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, to facilitate the apprehension and prosecution of individuals violating the criminal provisions of the Immigration and Nationality Act by County law enforcement personnel.
body
WHEREAS, Title 8, Section 1357(g)(10) of the United States Code specifically authorizes any officer or employee of the County to both communicate with the Office of the United States Attorney General regarding the immigration status of any individual, and to otherwise cooperate with the Office of the Attorney General in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States; and
WHEREAS, Title 8, Section 1252 of the United States Code specifically authorizes local law enforcement officials to, consistent with state and local law, arrest and detain any individual who are aliens illegally present in the United States and who have previously been convicted of a felony in the United states and who either were deported or voluntarily left the United States after such conviction; and
WHEREAS, Title 8, Section 1357(g)(1) of the United States Code specifically authorizes the County to enter into a written agreement with the United States Attorney General in order to provide for the County Police officers to facilitate the investigation, apprehension, or detention of aliens in the United States; and
WHEREAS, in United States v. Vasquez-Alvarez, 176 F.2d 1294 (10th Cir. 1999), United States v. Sinas-Calderon, 728 F.2d 1298 (10th Cir. 1984), and Gonzales v. City of Peoria, 722 F.2d 468 (9th Cir. 1983), the Federal courts have repeatedly held that local police can be authorized to enforce the criminal provisions of Federal laws, including the Immigration and Nationality Act;
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Incorporation of the Preamble.
The provisions set forth in the preamble to this Ordinance are incorporated by reference herein in their entirety.
Section 2. Authorization.
Allegheny County hereby authorizes the County Police, consistent with the terms of applicable Federal and State law, to enforce the criminal provisions of the Immigration and Nationality Act. This authorization shall be deemed to include the authorization to pursue an agreement or agreements with the Attorney General of the United States under Title 8, Section 1357(g) of the United States Code as necessary to enable the broadest possible enforcement of the Immigration and Nationality Act by County law enforcement personnel.
SECTION 3. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
SECTION 4. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.