Section 235(b)(1)(A)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1225(b)(1)(A)(i) (2006), does not limit the prosecutorial discretion of the Department
of Homeland Security to place arriving aliens in removal proceedings under section 240 of the Act, 8 U.S.C. § 1229a (2006). (June 3, 2011)
But Is it constitutional? Apart from racial profiling, isn't immigration law an area left exclusively to the federal government? Aren't states and local governments preempted from playing a role? Not necessarily, according to one constitutional scholar: The Constitutional Dimension of Immigration Federalism.