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Title 8, Aliens and NationalityRelease 119-110

§1252c Authorizing State and Local Law Enforcement Officials to Arrest and Detain Certain Illegal Aliens

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

Last updated Sep 22, 2026|Official source

Summary

State and local police may arrest and hold a person who is in the United States illegally and who was convicted of a U.S. felony and then deported or left after that conviction, if state or local law allows. This can happen only after the Immigration and Naturalization Service confirms the person's status and only while the Service arranges federal custody to deport them. The Attorney General must share department information, including National Crime Information Center records, to help states.

Full Legal Text

Title 8, §1252c

Aliens and Nationality, Source: USLM XML via OLRC

(a)In general
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,
but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal custody for purposes of deporting or removing the alien from the United States.
(b)Cooperation
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 8, Aliens and Nationality

Last Updated

Sep 22, 2026

Release point: 119-110