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287(g) Programs

ICE’s 287(g) Program allows state and local law enforcement agencies to act as immigration enforcement agents. Understanding these programs is crucial because they mean local police may be doing ICE’s work.

Section 287(g) of the Immigration and Nationality Act authorizes ICE to enter into agreements with state and local law enforcement agencies. Officers under these agreements receive training and can perform certain immigration enforcement functions.

What it does:

  • Targets people already in custody
  • Local law enforcement questions people arrested under local/state charges about immigration status
  • Officers may hold non-citizens up to 48 hours under ICE request

Where it happens:

  • Inside jails and detention facilities
  • After someone is arrested on other charges

Risk level for community:

  • If arrested on any charge (including minor ones), immigration status may be checked

What it does:

  • ICE trains local officers to serve administrative warrants
  • Officers serve warrants within their agency’s jail

Where it happens:

  • Inside jails and detention facilities

Risk level for community:

  • Similar to JEM - affects people already in custody

What it does:

  • Local officers enforce immigration during routine duties
  • Includes traffic stops, patrols, any police encounter
  • Officers have limited immigration authority under ICE oversight

Where it happens:

  • On the street
  • Traffic stops
  • Any encounter with local police

Risk level for community:

  • Any interaction with police could become an immigration encounter
  • Racial profiling concerns are significant
  • Community members may be detained during routine stops

ICE has signed over 1,000 Memorandums of Agreement (MOA) covering 40 states:

ModelAgenciesStates
JEM13228
WSO38135
TFM52235

Critical: Know whether your local law enforcement has a 287(g) agreement.

Official ICE list: https://www.ice.gov/identify-and-arrest/287g

  1. Does your county sheriff have a 287(g) agreement?
  2. What model(s) do they use?
  3. Does your city police department participate?
  4. Are there multiple agreements in your area?

In a 287(g) jurisdiction:

  • Officers in standard police uniforms could be performing immigration functions
  • Traffic stops could turn into immigration detention
  • Jail booking could trigger immigration holds
  • Can’t assume uniformed local police aren’t doing immigration work
  • Must pay attention to what happens during and after police encounters
  • Watch for people being held longer than typical
  • Know Your Rights applies to local police too
  • Right to remain silent is even more critical
  • Don’t answer questions about citizenship/birthplace during routine stops

Even with 287(g), local officers generally cannot:

  • Conduct raids solely for immigration purposes (must be part of regular duties)
  • Issue immigration warrants (only serve them)
  • Make final deportation decisions
  • Hold someone indefinitely without ICE involvement

These are opposites:

Sanctuary Policies287(g) Jurisdictions
Local police don’t assist ICELocal police actively assist ICE
Won’t honor ICE detainers without warrantsWill honor ICE detainers
Won’t ask about immigration statusMay ask about status
Focus on community trustFocus on enforcement

If your area has 287(g):

  1. Expand Know Your Rights training to cover local police encounters
  2. Document all police encounters that seem to involve immigration questions
  3. Track who is being held and for how long
  4. Advocate for policy change at the local level
  5. Build relationships with local officials who may oppose these programs