Legal Opinion

Opn. No.

New York Attorney General Reports

Decided March 21, 2000Published

1Opinion of the Court

Robert J. Cimino, Esq. Informal Opinion County Attorney No. 2000-1 County of Suffolk P. O. Box 6100 Hauppauge, N Y 11788-0099

Dear Mr. Cimino:

You have asked whether New York law enforcement officials are authorized to make warrantless arrests for violations of the federal Immigration and Nationality Act ("INA" or "Act"). 8 U.S.C. ch. 12. There is no definitive authority in the New York state courts holding that state and local police officers may make warrantless arrests for federal crimes. However, it appears likely that if the question were to be presented directly, the state courts would so…

2Cases cited13 opinions

  1. United States v. WatsonSupreme Court of the United States · 1975
  2. United States v. Di ReSupreme Court of the United States · 1948
  3. Hodgers-Durgin v. De La VinaCourt of Appeals for the Ninth Circuit · 1999
  4. United States v. Cortez AveryCourt of Appeals for the Sixth Circuit · 1997
  5. Raul Gonzales v. The City of PeoriaCourt of Appeals for the Ninth Circuit · 1983

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