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By Marion Edwyn Harrison, Esq.
October 5, 2006
We often think of immigration law, procedures and implementation as a quintessentially Federal Government function. In fact, it may be that Federal and local authorities can cooperate to produce more effective results with respect to various kinds of fraud arising from immigration and immigration-related activities.
A model appears to have been found across the Potomac River from the Nation’s Capital, operating out of Alexandria, Virginia. The City of Alexandria, with its charming and preserved colonial architecture in the “Old Town,” is the situs of the United States District Court for the Eastern District of Virginia, Alexandria Division, and of the Office of the United States Attorney for the jurisdiction. That Court and United States Attorney’s Office, incidentally, are well known at the Bar for their efficiency and the huge volume of civil and criminal litigation, including a number of cases involving aspects of immigration fraud, terrorism and the like. (The geographic area includes the Pentagon, a United States Marine headquarters office, various other military departmental offices and some additional governmental offices. In fact, many Federal employees in “Washington, D. C.” actually are in Northern Virginia - as is the misnamed “Washington National” Reagan Airport and “Washington” Dulles International Airport.)
After the tragic 9/11 attacks, the innovative United States Attorney Paul J. McNulty, now Deputy Attorney General of the United States, created the Nation’s first Federal - local task force to investigate and prosecute crimes arising directly or indirectly from immigration or aspects of immigration. Apparently there now are ten or so similar task forces around the country.
Northern Virginia was a logical venue to begin such a task force. Seven of 19 9/11 hijackers had fraudulent Virginia identification cards or drivers’ licenses. Last month the task force broke up a major fraudulent marriage ring - a phony marriage sometimes can catapult an unlawful immigrant into apparent lawfulness. Much of the work of the task force, of course, is unknown to the public, as effectiveness demands that much be off screen .
Perhaps there is no uniformity as to which agencies should participate in such a task force. The Northern Virginia activity includes, in addition to the United States Attorney’s Office, United States Immigration and Customs Enforcement (commonly called “ICE,” more or less successor to the Immigration and Naturalization Service), Department of Labor, Social Security Administration, State Department, United States Postal Service, Virginia Department of Motor Vehicles, Fairfax County Police Department and, as required, Arlington County Police Department and others. The composition of comparable task forces probably varies around the country - Atlanta, Boston, Dallas, Denver, Detroit, Los Angeles, New York, Newark, Philadelphia, Saint Paul.
It is arguable that the jury still is out on the accomplishments of these task forces, principally arising from novelty and lack of adequate years to evaluate. However, based upon the McNulty launch, there is strong reason for optimism. Further, the mere fact of cooperation between Federal, State and local authorities in combating immigration and immigration-related fraud is replete with productive potential, both pragmatically and theoretically. With an estimated 11 - 12 million unlawful immigrants in this country, many more wanting to come, and much desperation, it seems obvious that greater cooperation between Federal, State and local personnel would be helpful.
Marion Edwyn Harrison is President of, and Counsel to, the Free Congress Foundation.
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