ICE invites local agencies to partner under 287(g); program continues to screen people in custody for immigration enforcement
Key Takeaways
- Section 287(g) of the Immigration and Nationality Act (INA) lets ICE (U.S. Immigration and Customs Enforcement) deputize state or local officers to perform certain immigration enforcement tasks after ICE training and supervision.
- Two main models exist: the jail-screening model (immigration checks on people in custody) and the task-force model (community-based enforcement). Agencies must sign MOUs (memoranda of understanding) and complete ICE training.
- Advocates say 287(g) helps identify removable noncitizens; critics say it fosters racial profiling and breaks trust between immigrant communities and local police. It has been reported that some jurisdictions have rescinded MOUs while others continue to enroll.
- For immigrants: arrest in a participating jurisdiction can lead to immigration screening, referral to ICE, detention, and placement in removal proceedings — even if the underlying contact started as a local criminal matter.
What 287(g) authorizes and how ICE presents it
The ICE page promotes Section 287(g) of the INA as a formal partnership tool allowing federal immigration officers to train and supervise designated state or local officers to perform immigration enforcement functions. ICE (U.S. Immigration and Customs Enforcement) requires a memorandum of understanding (MOU) with the locality and a training course before duties are delegated. ICE alleges program benefits include faster identification of noncitizens who may be removable; it has been reported that those are promised gains but remain contested by outside researchers and civil‑rights groups.
How the program operates and who it affects
There are two commonly used models: a jail‑based screening model, where local jail staff check detainees’ immigration status and refer suspected removable noncitizens to ICE's Enforcement and Removal Operations (ERO); and a task‑force model, where trained officers conduct immigration investigations in the community under ICE oversight. Participation can result in immigration screening at arrest, transfer to ICE custody, civil immigration detention, and initiation of removal proceedings — processes handled by federal immigration authorities and the Executive Office for Immigration Review (EOIR).
Controversy and what this means for people in practice
Critics — including civil‑liberties organizations and some municipal leaders — argue 287(g) can lead to racial profiling, reduce reporting of crimes by immigrant communities, and cause family separations. It has been reported that some jurisdictions have withdrawn from the program in response to these concerns, while others have expanded participation. For someone navigating the immigration system today: an encounter with local police in a 287(g) jurisdiction can rapidly become an immigration matter. If arrested, individuals should be aware of their right to legal counsel and that charges or detainers at the local level can trigger ICE involvement and long immigration court backlogs.
Source: Original Article