Can FBI agents, U.S. marshals, or other federal officers enforce Arkansas state law in Arkansas, including outside their normal jurisdiction or on federal land?

Plain-English summary

Representative Nazarenko asked whether federal officers can enforce Arkansas state law inside Arkansas. The short answer is yes, and the General Assembly has spelled it out in A.C.A. § 16-81-106(g)(1). That subsection lists which federal officers get the same arrest authority for state-law violations as certified Arkansas peace officers.

The list is long. It includes:
- Special agents of the FBI, Secret Service, DEA, GSA, USDA, ATF, and Treasury Inspector General for Tax Administration
- USCIS and CBP special agents, investigators, and patrol officers
- U.S. Marshals Service deputies
- USPS postal inspectors and special agents
- IRS special agents and inspectors
- Certified law enforcement officers of Interior, National Park Service, U.S. Fish and Wildlife Service, and U.S. Forest Service
- Members of multi-jurisdictional drug task forces

Four key conclusions:

1. The Arkansas Constitution does not prohibit the legislature from granting federal officers state-law arrest authority. The Arkansas Constitution is restrictive (it limits power, it does not grant it). Anything not clearly forbidden is allowed, and the legislature has used that latitude to authorize federal officers under § 16-81-106(g)(1).

2. Local governments can also grant such authority, but only if the General Assembly delegated law enforcement authority to them first. Cities, counties, and school districts have that authority. Other political subdivisions like used tire programs and improvement districts do not.

3. Federal officers can enforce Arkansas law outside their normal jurisdiction in four situations, the same four that apply to state officers under A.C.A. § 16-81-301 and § 16-81-106(c): (a) fresh pursuit; (b) with an arrest warrant; (c) when a local agency requests an outside officer to come into local jurisdiction (and the outside officer's agency has a written cross-jurisdiction policy); or (d) when a county sheriff requests a peace officer from a contiguous county to investigate or arrest for drug-law violations.

4. Arkansas state law generally applies on federal public lands. The U.S. Supreme Court in California Coastal Commission v. Granite Rock Co. confirmed that states retain jurisdiction over federal lands within their territory and can enforce state law there as long as it does not conflict with federal law. The AG declines to apply this conclusion to any specific state law without seeing it.

What this means for you

If you are a federal law enforcement officer working in Arkansas

The list in A.C.A. § 16-81-106(g)(1) gives you direct state-law arrest authority. You do not need a separate state commission. You exercise that authority "to the same extent and under the same circumstances as certified state law enforcement officers," which means the same warrantless-arrest rules, search rules, and use-of-force rules. Outside your normal federal jurisdiction (e.g., you are an Interior officer outside National Park Service property), the four-situation framework controls: act in fresh pursuit, with a warrant, on local request, or for sheriff-requested drug enforcement in a contiguous county. The AG explicitly does not opine on federal-law restrictions that might independently limit you (for example, agency policy or supervening federal statutes).

If you are an Arkansas county sheriff

You can request federal officers to come into your county under § 16-81-106(c)(3)-(4) if their agency has a written policy regulating cross-jurisdiction work. You can also request a peace officer from a contiguous county to investigate or arrest for drug-law violations under § 5-64-705. Your authority to deputize or co-commission federal officers is rooted in your delegated police power.

If you are a city or county official

The General Assembly has given you law enforcement authority through a chain of statutes (county legislative power under § 14-14-801, city police departments under § 14-52-101 and § 14-52-102). That makes you a political subdivision capable of granting permission to federal officers to enforce state law within your jurisdiction. Other types of political subdivisions (used tire programs, improvement districts) do not have that power and cannot grant it.

If you live near federal land in Arkansas

Forest Service, National Park Service, and Fish and Wildlife Service officers have state-law arrest authority on or off federal land. Arkansas state law (criminal and civil) applies on federal public lands within the state, with the caveat that conflicting federal law preempts. So a state poaching offense, for example, can be enforced by a federal wildlife officer on a national forest.

If you are an attorney advising a client about a federal-officer arrest

Two questions to ask first: (1) Is the federal agency on the § 16-81-106(g)(1) list? (2) If the arrest happened outside the officer's normal jurisdiction, did one of the four cross-jurisdiction conditions apply? If yes to both, the arrest is authorized under Arkansas law. Federal-law restrictions on the officer's authority are a separate question the AG does not opine on.

Common questions

Can the FBI arrest someone for a state crime in Arkansas?
Yes. FBI special agents are on the § 16-81-106(g)(1) list and have the same arrest authority as certified Arkansas state officers, subject to the four cross-jurisdiction conditions when acting outside their normal area.

Can a U.S. Forest Service officer enforce Arkansas hunting law on the Ozark National Forest?
Yes. Forest Service certified law enforcement officers are on the list. Arkansas state law applies on federal public lands so long as it does not conflict with federal law.

Can a National Park Service ranger pull me over for speeding off-park property?
NPS rangers are on the § 16-81-106(g)(1) list, but if they are outside the park boundary they are also outside their normal jurisdiction. They would need to act under one of the four cross-jurisdiction conditions: fresh pursuit, with a warrant, on local request, or for sheriff-requested drug enforcement.

Can my city ask the DEA to enforce a city ordinance?
Probably not for an ordinance violation as such. The statute authorizes federal officers to "act as officers for the arrest of offenders against the laws of this state," meaning Arkansas state law. Local-ordinance enforcement is delegated separately to local police. But a city can request DEA support for state drug-law enforcement.

Does this opinion say federal officers always have to obey state arrest rules?
Yes, the statute says they act "to the same extent and under the same circumstances as certified state law enforcement officers." That includes Arkansas warrantless-arrest rules, search-and-seizure standards, and use-of-force standards.

What about an immigration officer making a state-law arrest?
USCIS and CBP special agents, investigators, and patrol officers are on the § 16-81-106(g)(1) list. They have state-law arrest authority. Federal-law issues about whether they can or should is a separate question the AG explicitly does not address.

Does Arkansas law apply on a military base?
The opinion does not address this. Bases often involve a mix of federal exclusive jurisdiction, concurrent jurisdiction, or proprietary jurisdiction depending on cession agreements. The Granite Rock case cited by the AG is the right starting point, but the analysis is base-specific.

Background and statutory framework

Arkansas constitutional structure. The AG opens with the doctrine that the Arkansas Constitution is "restrictive in nature and leaves to the legislature the absolute power to legislate unless prohibited from doing so by our constitution." Black v. Cockrill, 239 Ark. 367 (1965). That means the General Assembly is presumed to have any power that is not expressly forbidden. Federal officer state-law arrest authority is not forbidden, so it is allowed.

The grant: A.C.A. § 16-81-106(g)(1). The statute lists the federal agencies whose officers are deputized for state-law arrests:
1. Special agents of FBI, Secret Service, DEA, GSA, USDA, ATF, and Treasury Inspector General for Tax Administration
2. USCIS and CBP special agents, investigators, and patrol officers
3. U.S. Marshals Service deputies
4. USPS postal inspectors and special agents
5. IRS special agents and inspectors
6. Certified law enforcement officers of Interior, NPS, USFWS, and USFS
7. Members of multi-jurisdictional drug task forces

Officers on this list can "act as officers for the arrest of offenders against the laws of this state … to the same extent and under the same circumstances as certified state law enforcement officers."

Cross-jurisdiction conditions. Arkansas certified state officers can act outside their jurisdiction in four situations:
- Fresh pursuit (A.C.A. § 16-81-301): the officer reasonably believes the person committed a felony in Arkansas, or committed/attempted a criminal offense in the officer's presence in Arkansas, or is the subject of an arrest warrant.
- With an arrest warrant (A.C.A. § 16-81-105): a warrant directed to any officer can be served or executed in any county.
- On local request with written policy (A.C.A. § 16-81-106(c)(3)-(4)): a local agency requests an outside officer to come in, and the outside agency has a written cross-jurisdiction policy.
- On county sheriff request for drug enforcement (A.C.A. § 5-64-705): a sheriff requests an officer from a contiguous county to investigate and make arrests for drug-law violations.

These four conditions transfer to the federal officers listed in (g)(1).

Political subdivisions. Cities, counties, and school districts have law enforcement authority delegated from the General Assembly (A.C.A. § 14-14-801(b)(3); § 14-52-101(a); § 14-52-102; § 6-13-1703). Used tire programs and improvement districts do not.

State law on federal public lands. California Coastal Commission v. Granite Rock Co., 480 U.S. 572 (1987), holds that "[a]bsent consent or cession a State undoubtedly retains jurisdiction over federal lands within its territory" and can "enforce its criminal and civil laws on federal land so long as those laws do not conflict with federal law."

Limits on AG opinion-writing. A.C.A. § 25-16-706 grants the AG authority to issue opinions on official actions and duties under state law. The AG declines to opine on questions of federal law that would not change the state-law analysis.

Citations

Statutes:
- A.C.A. § 16-81-105 (warrant service in any county)
- A.C.A. § 16-81-106 (cross-jurisdiction arrest authority; § 16-81-106(g)(1) federal officers list)
- A.C.A. § 16-81-301 (fresh pursuit)
- A.C.A. § 5-64-705 (sheriff request for contiguous-county drug enforcement)
- A.C.A. § 14-14-501 (county as creature of legislature)
- A.C.A. § 14-14-801 (county legislative power, including law enforcement)
- A.C.A. § 14-43-502 (city council legislative powers)
- A.C.A. § 14-52-101 (police department for cities of first class)
- A.C.A. § 14-52-102 (police department for cities of second class)
- A.C.A. § 6-13-1703 (school district institutional law enforcement officer)
- A.C.A. § 25-16-706 (AG opinion authority)

Cases:
- Black v. Cockrill, 239 Ark. 367, 389 S.W.2d 881 (1965)
- Dermott Special Sch. Dist. v. Johnson, 343 Ark. 90, 32 S.W.3d 477 (2000)
- Phillips v. Town of Oak Grove, 333 Ark. 183, 968 S.W.2d 600 (1998)
- Pickering v. State, 2012 Ark. 280, 412 S.W.3d 143
- California Coastal Commission v. Granite Rock Co., 480 U.S. 572 (1987)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

BOB R. BROOKS JR. JUSTICE BUILDING
101 WEST CAPITOL AVENUE
LITTLE ROCK, ARKANSAS 72201
Opinion No. 2025-074
November 13, 2025
The Honorable Jason Nazarenko
State Representative
Post Office Box 192
Cotter, Arkansas 72626

Dear Representative Nazarenko:

You have requested my opinion regarding the "authority of federal law enforcement in our State." You have asked these questions:

1. Under the Arkansas Constitution, can the General Assembly grant permission to a federal law enforcement agency to enforce Arkansas state law?

Brief response: Yes. The Arkansas Constitution does not prohibit the General Assembly from granting federal law enforcement officers authority to enforce state law. And it granted that power in A.C.A. § 16-81-106(g)(1), allowing specific "persons employed as full-time law enforcement officers" by designated federal law enforcement agencies to "be empowered to act as officers for the arrest of offenders against the laws of this state … to the same extent and under the same circumstances as certified state law enforcement officers."

2. Under Arkansas law, can a political subdivision grant permission to a federal law enforcement agency to enforce Arkansas state law?

Brief response: Yes, if the General Assembly has delegated law enforcement authority to the political subdivision.

3. Can federal law enforcement agency personnel enforce Arkansas state law if they are outside their jurisdiction?

Brief response: Yes. The federal law enforcement officers listed in A.C.A. § 16-18-106(g)(1) can enforce state law outside their jurisdiction in the four situations discussed in the opinion below.

4. Does Arkansas state law apply on federal public lands so that federal law enforcement agency personnel can enforce Arkansas state law there?

Brief response: Probably yes. The United States Supreme Court has explained that states can "enforce [their] criminal and civil laws on federal land so long as those laws do not conflict with federal law." But without knowing the state law at issue, I cannot definitively say whether it is compatible with federal law and thus may be enforced on federal public lands.

DISCUSSION

Question 1: Under the Arkansas Constitution, can the General Assembly grant permission to a federal law enforcement agency to enforce Arkansas state law?

Yes. The Arkansas "constitution is restrictive in nature and leaves to the legislature the absolute power to legislate unless prohibited from doing so by our constitution." Because the Arkansas Constitution is "a limitation of power" instead of a grant of authority, "any doubt as to the constitutionality of a legislative act must be resolved in favor of its validity." Here, the Arkansas Constitution is silent regarding enforcement of Arkansas state law by federal law enforcement agency personnel, so it is not "clearly prohibited by the constitution." Because there is no prohibition, the General Assembly has authority under the Arkansas Constitution to grant federal law enforcement to enforce state law.

It granted that authority under A.C.A. § 16-81-106(g)(1), which authorizes specific "persons employed as full-time law enforcement officers" by designated federal law enforcement agencies to "act as officers for the arrest of offenders against the laws of this state … to the same extent and under the same circumstances as certified state law enforcement officers."

The list includes (1) special agents of the Federal Bureau of Investigation, the United States Secret Service, the United States Drug Enforcement Administration, the United States General Services Administration, the United States Department of Agriculture, the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the United States Treasury Inspector General for Tax Administration; (2) special agents, investigators, and patrol officers of the United States Citizenship and Immigration Services and the United States Customs and Border Protection; (3) deputies of the United States Marshals Service; (4) postal inspectors and special agents of the United States Postal Service; (5) special agents and inspectors of the Internal Revenue Service; (6) certified law enforcement officers of the United States Department of the Interior, National Park Service, the United States Fish and Wildlife Service, and the United States Forest Service; and (7) members of multi-jurisdictional drug task forces.

Question 2: Under Arkansas law, can a political subdivision grant permission to a federal law enforcement agency to enforce Arkansas state law?

Yes, if the General Assembly has delegated law enforcement authority to the political subdivision.

The Arkansas Supreme Court has held that a political subdivision (1) covers a certain area and residents, (2) is organized for the public interest, (3) is chiefly designed to exercise governmental functions, and (4) has electors residing within its area that are committed, to some extent, to the political subdivision exercising governmental power on behalf of the public. Similarly, numerous statutes define local government units as political subdivisions.

Because cities, counties, and other political subdivisions "are creatures of the legislature," they only have those powers delegated to them by the General Assembly. The General Assembly has delegated law enforcement authority to many political subdivisions, such as counties, cities, and school districts. But other political subdivisions, like used tire programs and improvement districts, do not have that authority. Therefore, a political subdivision may authorize a federal law enforcement agency to enforce state law only if the General Assembly has first delegated law enforcement authority to the political subdivision.

Question 3: Can federal law enforcement agency personnel enforce Arkansas state law if they are outside their jurisdiction?

Yes, under Arkansas law. The federal law enforcement officers listed in A.C.A. § 16-81-106(g)(1) are "empowered to act as officers for the arrest of offenders against the laws of this state … to the same extent and under the same circumstances as certified state law enforcement officers." And "certified state law enforcement officers" may enforce Arkansas state law outside their jurisdictions in the following four situations:

1. instances of "fresh pursuit";
2. "when the officer has a warrant for arrest";
3. "when a local law enforcement agency requests an outside officer to come into the local jurisdiction, and the outside officer is from an agency that has a written policy regulating its officers when they act outside their jurisdiction"; or
4. "when a county sheriff requests that a peace officer from a contiguous county come into that sheriff's county and investigate and make arrests for violations of drug laws."

Thus, Arkansas law allows the federal law enforcement officers listed in A.C.A. § 16-81-106(g)(1) to enforce state law outside their jurisdiction in these four situations. But to the extent you request an opinion regarding whether some federal law prohibits federal officers from taking advantage of the authority in A.C.A. § 16-81-106(g)(1), I do not opine because that would be purely a question of federal law, which does not alter the above analysis of state law.

Question 4: Does Arkansas state law apply on federal public lands so that federal law enforcement agency personnel can enforce Arkansas state law there?

Probably yes. The United States Supreme Court has explained that states can "enforce [their] criminal and civil laws on federal land so long as those laws do not conflict with federal law." But without knowing the state law at issue, I cannot definitively say whether it is compatible with federal law and thus may be enforced on federal public lands.

Assistant Attorney General Jodie Keener prepared this opinion, which I hereby approve.

Sincerely,
TIM GRIFFIN
Attorney General