ICE Invites Local Law Enforcement to Join 287(g) Program, Emphasizing Jail-Based Immigration Cooperation
Key Takeaways
- ICE is promoting partnerships with state and local law enforcement under the 287(g) program, which delegates limited federal immigration authority to trained officers.
- The program operates primarily through two models: Jail Enforcement (JEM) and Warrant Service Officer (WSO), both under ICE supervision and governed by a written agreement.
- Participating agencies sign a Memorandum of Agreement (MOA), complete ICE training, and follow civil rights, oversight, and data-reporting requirements.
- For immigrants, booking into a 287(g) jail may trigger immigration screening, detainers, and faster issuance of Notices to Appear (NTAs) in removal proceedings.
- The program remains politically and legally contested; participation varies widely by county and state.
What ICE Announced
U.S. Immigration and Customs Enforcement (ICE) is publicly inviting state and local law enforcement agencies to partner through the 287(g) program, signaling continued federal support for jail-based immigration enforcement. The announcement underscores how agencies can request to join, the training ICE provides, and the scope of delegated powers, all formalized through a Memorandum of Agreement (MOA). ICE emphasizes supervision by its Enforcement and Removal Operations (ERO) and the program’s focus on individuals encountered in local custody.
How 287(g) Works, in Plain Terms
Created by Congress in 1996 under section 287(g) of the Immigration and Nationality Act (INA), the program allows designated state or local officers—after ICE training and certification—to perform specific civil immigration functions. Those functions include interviewing individuals to determine immigration status, checking federal databases, issuing detainers (immigration “holds”), serving administrative arrest and removal warrants, and preparing charging documents such as the Notice to Appear (NTA) that starts removal proceedings. ICE says current operations center on two models: the Jail Enforcement Model (screening people after arrest, inside jails) and the Warrant Service Officer model (allowing certain jail staff to serve ICE administrative warrants and detainers). All activities are supposed to occur under ICE direction and within the limits of the MOA.
Human Impact and What to Expect Locally
For noncitizens—whether undocumented or with visas or green cards—being booked into a 287(g) jail can mean additional immigration screening and a higher likelihood of transfer to ICE custody if a detainer is issued. That can accelerate the start of immigration court cases and, in some instances, prolong local detention pending ICE pickup. Defense and immigration lawyers often advise clients to understand how detainers interact with bond and release decisions in their county, because the presence of a detainer can affect when someone is actually released from local jail custody. Community advocates have raised concerns about racial profiling and due process in past iterations of 287(g); supporters argue it targets individuals arrested for crimes and improves information-sharing. Policies can shift with local leadership and federal guidance, so practices vary significantly by jurisdiction.
What Agencies Need to Join
Agencies interested in partnering typically contact ICE ERO, review and negotiate an MOA outlining roles, training, complaint procedures, and civil rights safeguards, and then send designated officers for ICE-provided training and certification. ICE oversight continues after onboarding, and MOAs can be modified or terminated. For residents, the practical effect of a new MOA is that immigration checks and detainer practices may expand inside local jails—important context for anyone navigating criminal and immigration systems at the same time.
Source: Original Article