(The Center Square) – Widespread misinformation and confusion exists about a federal program, 287(g), administered through the U.S. Immigration and Customs Enforcement agency within the U.S. Department of Homeland Security, some in local law enforcement say. Prior to 9/11, the program was administered through the Immigration and Naturalization Service.
Congress created the program through the Immigration and Nationality Act of 1996, which has been in operation ever since. The Trump administration is advocating three models; previous administrations primarily used one. Some law enforcement officials have opposed participating in 287(g), claiming it will cost them time and money they don’t have. Others argue it’s the federal government’s, not the state or local jurisdiction’s, responsibility.
Federal training is free, the Department of Justice provides grants, and many of the duties already fall within law enforcement tasks officers have sworn an oath to perform, namely, arresting people for state crimes and processing them in their local or state jails. Participating in 287(g) provides additional tools and collaboration with federal partners who have a behemoth task of finding, arresting and removing millions of illegal foreign nationals, including violent criminals already detained in local and state jails.
The program is named after a section of INA, 8 USC 1357, Section 287(g)(1), which authorizes ICE to delegate to state and local law enforcement officers the authority to perform specified immigration functions only under ICE’s direction and supervision.
The 287(g) partnership creates a “force multiplier” to help federal agents “deport removable aliens involved in gang activity, violent crimes, human smuggling, organized crime, sex offenses, drug smuggling, money laundering and many other crimes,” ICE explains, to keep “communities safer for our families, friends and loved ones.”
Training is free and accessible including online; “ICE bears the cost of 287(g) training for law enforcement agencies,” ICE explains.
There are three models for local and state law enforcement officers to join: a Jail Enforcement Model (JEM), a Task Force Model (TFM) and Warrant Service Officer (WSO) model.
The Jail Enforcement Model involves having local law enforcement trained to identify, question and process “removable aliens – with criminal or pending criminal charges” who have already been arrested by local authorities and are detained in local and state jails. This model involves having a designated person who coordinates and works with ICE, including responding to ICE detainer requests.
The Task Force Model authorizes local law enforcement officers under the oversight of ICE to enforce limited immigration authority during routine police duties “such as identifying an alien at a DUI checkpoint and sharing information directly with ICE,” ICE explains. The local law enforcement officers would call an ICE supervisor who would determine next steps related to apprehension, transportation, detention and other actions.
The Warrant Service Officer program involves ICE training, certifying and authorizing state and local law enforcement officers to serve and execute administrative warrants on criminal foreign nationals already detained in their jails.
In order to participate, local police departments, county sheriffs, state attorneys general and state law enforcement agencies must sign a Memorandum of Understanding with ICE and receive ICE training and certification. Each local or state agency would nominate an officer to participate who meets certain qualifications: they must be a U.S. citizen, complete and pass a background investigation, and have knowledge of and enforced laws and regulations in their jurisdictions.
TFM participants must have a minimum of two years of sworn law enforcement officer experience. “Nominees will receive training at the expense of ICE related to the immigration duties pertinent to the applicable MOA,” ICE says.
ICE says it has made it easy for law enforcement agencies to participate. It has published templates for letters of interest to participate in the WSO, JEM and TFM as well as fillable MOA templates for WSO, JEM and TFM. Interested participants are encouraged to contact ICE with any questions about participating at ERO287g@ICE.dhs.gov.
Participating in 287(g) provides a range of benefits to state and local law enforcement agencies including having access to ICE resources and training and access to federal grant money, ICE explains.
The U.S. Department of Justice’s “State Criminal Alien Assistance Program” administers awards to states and political subdivisions of states, including municipalities “that incur costs for incarcerating certain criminal aliens,” which is separate from 287(g).
After joining 287(g), ICE trains law enforcement officers on a range of issues, including “immigration law, multicultural communication, avoiding racial profiling.”
Americans who want their sheriffs, local and state law enforcement agencies to participate in 287(g) can provide them with an ICE 287g fact sheet, 287g brochure, or participant map.
There are 3,141 counties and county equivalents in all 50 states and the District of Columbia. As of May 29, ICE has signed a record 635 MOAs for 287(g) in 40 states, with the number growing every day.
