Title 8Aliens and NationalityRelease 119-73

§1252c Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens

Title 8 › Chapter CHAPTER 12— - IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER II— - IMMIGRATION › Part Part V— - Adjustment and Change of Status › § 1252c

Last updated Apr 6, 2026|Official source

Summary

State and local police may arrest and detain a person who is in the U.S. illegally if that person was convicted of a U.S. felony and was later deported or left after that conviction, if state and local law allows. The Attorney General must give those officers federal information to help, including the NCIC.

Full Legal Text

Title 8, §1252c

Aliens and Nationality — Source: USLM XML via OLRC

(a)Notwithstanding 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,
(b)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification 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 Subsidiaries

Abolition 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.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1252c

Title 8Aliens and Nationality

Last Updated

Apr 6, 2026

Release point: 119-73