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The Immigration Violators File (formerly the Deported Felon File) contains records on criminal aliens who have been deported for drug trafficking, firearms trafficking or serious violent crimes. These criminal aliens who have been deported and reenter the United States are in violation of Title 8, USC, Section 1326. The Immigration and Naturalization Service is the only agency authorized to enter and maintain records in the Immigration Violators File.
Caution must be exercised by agencies receiving a Immigration Violators File record response to avoid liability situations. The response must be viewed as advisory only and does not authorize any action by the inquiring agency. The response also advises that “FEDERAL LAW 8 USC 1252C PROVIDES, IF PERMITTED BY STATE AND LOCAL LAW, A STATE OR LOCAL LAW ENFORCEMENT OFFICIAL MAY ARREST AND DETAIN THE SUBJECT BUT ONLY AFTER THE ALIEN’S STATUS IS CONFIRMED WITH INS. IF PERMITTED WITHIN YOUR JURISDICATION, OR IF SUBJECT HAS BEEN ARRESTED OR DETAINED ON OTHER GROUNDS CONTACT THE INS TO CONFIRM THE HIT. IF SUBJECT IS BEING RELEASED, OBTAIN ADDRESS, VEHICLE, LICENSE, AND ANY OTHER DOCUMENT INFORMATION AND FORWARD TO INS VIA NLETS.”
Authority To Detain and Arrest For Federal Immigration Violations
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