Under Section 287(g) of the Immigration and Nationality Act, local law enforcement agencies can voluntarily enter an agreement with U.S. Immigration and Customs Enforcement (ICE) that gives officers the training and authorization to investigate someone’s immigration status, access ICE databases, issue immigration detainers, assist with deportation proceedings, question people in local jails about immigration status, and more.
How 278(g) Agreements Impact Communities
Under a 287(g) agreement, local law enforcement officials make complex immigration decisions outside their normal duties. As a result, these programs:
- Reduce trust between immigrant communities and police
- Discourage victims and witnesses from reporting crimes
- Divert local resources away from public safety priorities
- Increase the risk of racial profiling and discrimination
Arizona’s largest county offers a troubling case study for how 287(g) agreements can cause serious harm in communities. In 2012, all task force agreements were suspended nationwide after an investigation conducted by the Department of Justice found that the former Maricopa County Sheriff Joe Arpaio used “discriminatory policing practices including unlawful stops, detentions and arrests of Latinos.” In 2013, a judge ruled that the Maricopa County Sheriff's Department’s actions under the task force agreement model violated constitutional protections against unreasonable searches and seizures (under the Fourth Amendment) and denial of equal protection (under the Fourteenth Amendment). However, the Trump Administration has been working to revive and expand the Task Force Model across the country.
A local law enforcement agency can enter into a 287(g) agreement by submitting an application or after being recruited by ICE. If approved, ICE and the agency sign a memorandum of understanding (MOU) outlining each party’s responsibilities, liabilities, and the specific immigration enforcement powers delegated to local officers.
ICE trains local officers in certain aspects of immigration law and provides them access to DHS databases for background checks and immigration-related searches. Agreements are periodically renewed, and either agency can terminate the agreement at any time. Because of this, application and renewal periods are often important moments for the public to provide input.