Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act

Overview

U.S. Immigration and Customs Enforcement (ICE) 287(g) Program enhances the safety and security of communities by creating partnerships with state and local law enforcement agencies to identify and remove aliens who are amenable to removal from the United States.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 added Section 287(g), to the Immigration and Nationality Act. This section of law authorizes the Director of ICE to enter into agreements with state and local law enforcement agencies, that permit designated officers to perform limited immigration law enforcement functions. Agreements under section 287(g) require the local law enforcement officers to receive appropriate training and to function under the supervision of ICE officers.

The 287(g) Program continues to receive overwhelmingly positive feedback from its partners. The mutually beneficial agreements allow state and local officers to act as a force multiplier in the identification, arrest, and service of warrants and detainers of incarcerated foreign-born individuals with criminal charges or convictions. Those deemed amenable to removal are identified while still secure in state or local custody, potentially reducing the time the alien spends in ICE custody. The state and local partners benefit by reducing the number of criminal offenders that are released back into the community without being screened for immigration violations. Gang members, sex offenders, and murderers are often identified and taken into ICE custody after serving their criminal sentences, thus being removed from the community. The efficiency and safety of the program allows ICE to actively engage criminal alien offenders while incarcerated in a secure and controlled environment as opposed to the alternative of conducting at-large arrests which can pose safety concerns for the officers and the community and may result in collateral arrests. Federal, state and local officers working together provide a tremendous benefit to public safety through increased law enforcement communication and overall community policing effectiveness.

Memorandum of Agreement

ICE and the requesting Law Enforcement Agency (LEA) sign a Memorandum of Agreement (MOA) that defines the scope, duration and limitations of the delegation of authority. It also sets forth the training requirements, the terms of ICE supervision, and requires the partnering LEA to follow DHS and ICE policies when its designated immigration officers (DIOs) perform delegated immigration enforcement functions.

How to Participate

Officers participating in the 287(g) Program must possess U.S. citizenship, complete and pass a background investigation, and have knowledge of and have enforced laws and regulations pertinent to their law enforcement activities at their jurisdictions. If interested in becoming a law enforcement partner under the 287(g) Program, please send your inquiry to ERO287g@ice.dhs.gov.

Types of Models

• Jail Enforcement Model
  The 287(g) Program utilizes the Jail Enforcement Model (JEM) to accomplish its mission, which is designed to identify and process removable aliens with criminal or pending criminal charges who are arrested by state or local LEAs. The JEM Program is supervised by the local ICE Office of Enforcement and Removal Operations Field Office. Under the JEM, nominated state and local law enforcement officers will be trained, certified, and authorized by ICE to perform only those immigration functions that are established on the Standard Operating Procedures (SOP) of the Memorandum of Understanding. ICE provides a training program conducted at the Federal Law Enforcement Training Center ICE Academy in Charleston, SC.
• Warrant Service Officer Model
  The 287(g) Program developed the Warrant Service Officer (WSO) model to provide an opportunity for jurisdictions to participate in a narrower cooperative agreement with ICE. Under the WSO model, nominated state and local law enforcement officers will be trained, certified, and authorized by ICE to perform limited functions of an immigration officer within the law enforcement agency’s jail and/or correctional facilities as set forth in the Standard Operating Procedures of the Warrant Service Officer Memorandum of Agreement.
  ICE provides a training program conducted by certified instructors at a location most convenient for the participating LEA.

287(g) Successes

In fiscal year (FY) 2020, the 287(g) Program encountered approximately 920 aliens convicted for assault, 1,261 convicted for dangerous drugs, 104 convicted for sex offenses/assaults, 377 convicted for obstructing police, 190 convicted for weapon offenses, and 37 convicted for homicide.

Recent Arrests

• Arizona – On November 4, 2020, the Arizona Department of Corrections 287(g) Program encountered a citizen of Mexico sentenced to fifteen years for the conviction of attempted molestation of a child and placed an immigration detainer and warrant on the subject. The subject was last admitted into the United States a lawful permanent resident.
• Georgia – On November 6, 2020, the Georgia Department of Corrections 287(g) Program encountered a citizen of Guatemala convicted of aggravated assault-family violence and three counts of cruelty to children and placed an immigration detainer and warrant on the subject. The subject entered the United States on an unknown date and location without inspection.
• North Carolina – On November 17, 2020, the Cabarrus County Sheriff’s Office 287(g) Program encountered a citizen of Mexico arrested for four counts of statutory rape on person less than 15 years of age and placed an immigration detainer and warrant on the subject. The subject entered the United States on an unknown date and location without inspection.
• South Carolina – On November 1, 2020, the Horry County Sheriff’s Office 287(g) Program encountered a citizen of Honduras arrested for driving under the influence 2nd offense and placed an immigration detainer and warrant on the subject. The subject has previous convictions for burglary of building, deadly conduct discharge firearm, unlawful taking of motor vehicle, grand larceny, possession of burglary tools, destruction of property, breaking and entering, assault causes bodily injury to family member, evading arrest/detention and multiple convictions for theft. The subject last entered the United States on an unknown date and location without inspection after having been previously removed.

Participating Entities

As of October 2020, ICE has 287(g) JEM agreements with 77 law enforcement agencies in 21 states. ICE also has 287(g) WSO agreements with 75 law enforcement agencies in 11 states.