Law Offices of Janet J. Greathouse
Immigration and Nationality Law
U.S. Attorney General May Waive Training

An Interim rule published on February 26, authorizes the Attorney General to waive training requirements in the event that there is an insufficient number of State or local law enforcement officers to handle events during a declared mass influx of aliens while protecting public health and safety or national security.  Under the immigration laws, the Attorney General may authorize State or local law enforcement officers to perform or exercise any of the powers, privileges, or duties conferred upon INS officers or employees during a period of a mass influx of aliens.

Federal regulations provide procedures the Attorney General must follow when seeking assistance from State or local law enforcement officers.  As part of these procedures, State or local law enforcement officers must successfully complete and be certified in an INS prescribed course of instruction in immigration law, immigration law enforcement fundamentals and procedures, civil rights law, and sensitivity and cultural awareness issues.

The Attorney General is now permitted to waive this training requirement based on the Department of Justice's position that unanticipated situations may arise when there may be an insufficient number of properly trained officers available to respond expeditiously to protect public health and safety, or national security.  Thus, in exceptional circumstances, the Attorney General may abbreviate or waive required training during a declared mass influx of aliens.
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