We Need to Federalize the Police (Kinda)
An Exploration of the Idea of Federalizing Policing in the U.S.
The following is an essay I wrote exploring the concept of a federalized U.S. police force. The views expressed here should not be taken as my own policy prescriptions but rather as a conceptual exercise in fleshing-out an underexplored aspect of the discussion on policing.
We Need to Federalize the Police (Kinda)
Policing as an institution is clearly at an inflection point; debates about the role of the police have rocked the American psyche over the past few years and have clearly not produced the kind of sweeping changes either side of this debate desires. If we are to enact large-scale changes, why should we think inside the confines of the current system instead of dreaming big? Centering the discourse on an idea that challenges not just the operations of the police but rather the very structure of the U.S.’ law enforcement system itself could provide a more productive way to talk about these issues. This idea is Federalizing the Police.
Federalization of the police is not a particularly well-known idea amongst the American populace. Policing historically has and continues to be conducted largely at the local level, so the population more broadly may find it difficult to even conceive of a ‘national’ police force. But this does not have to be an ephemeral concept; quite simply, the 18,000+ separate law enforcement organizations that currently exist across the local, state, and federal would fall under the control of the federal government. The most likely new home for these former state and local police would be a new agency called something like the ‘Civil Law Enforcement Agency’ in the Department of Homeland Security.
In this new agency there would be national recruiting and training standards, a federal budget for the entire organization, and standardization of operations similar to those of the military or other existing federal law enforcement agencies. It would be split up into various local, state, and federal levels, with law enforcement officers ‘deployed’ to their respective duty stations. Officers would live and work in their assigned communities just as they do now, but could be deployed anywhere in the country and moved between the local, state, and federal levels if the desire or need arose.
At this point there are no doubt numerous objections to this idea, including arguments such as that officers can be more effective when they have grown up in the community they serve, that state and local laws vary so widely that it would be hard for federal police to understand the rules and regulations of the area they operate in, or even that a federalized police force’s operations would be subject to the whims of whatever politician controls our government.
This concept could overcome these objections by adding a qualifier to ‘Federalize the Police’: Kinda. A federal police force could be structured in a similar way to the National Guard, whereby the federal government retains ultimate authority of these units but they also fall under state control; in a sense, ‘kinda’ federalized.
For example, a recruit who decided to join the Civil Law Enforcement Agency would be subject to federal recruitment standards, go through training at a federally operated facility under federal instructors and upon their graduation would be sent to the destination of their choosing. The units at their post would then fall under the command of state and local commanders who enforce state and local laws as well as federal laws when applicable. For their entire length of service these officers would be subject to federal standards for training, physical/mental fitness, conduct, and reporting requirements. They could stay in the same community they grew up in or find a new one to protect and serve. Put together, this system would allow for police to retain a connection to the locale in which they serve while also eliminating the vast disparity in the way law enforcement officers are required to train, operate, and report.
This may be a pipe dream at best in the current environment, but this seemingly out-there concept may be one of the most productive lenses through which we conduct our debates on the nature of policing. The police are a critical part of our criminal justice system who take great personal risks to protect and serve our communities, and we as Americans have a duty to support those who support us. To do so, we must wade out of the swamps of vitriol surrounding issues like funding and towards the broader and more constructive pastures of a debate centered on making the institution of policing better for all.