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

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ICE’s 287(g) Program: Strengthening Immigration Enforcement through Local Partnerships

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 introduced Section 287(g) into the Immigration and Nationality Act (INA), paving the way for a significant partnership between U.S. Immigration and Customs Enforcement (ICE) and state and local law enforcement agencies. This collaboration enables local officers to perform specific immigration enforcement duties under the guidance and oversight of ICE, creating a network of support for immigration law enforcement at the community level.

By fostering these partnerships, the 287(g) Program aims to enhance the safety and security of American communities. It allows ICE Enforcement and Removal Operations (ERO) to work alongside local law enforcement to identify and remove criminal aliens from the United States. This initiative is critical, as it targets those who pose a threat to community safety and undermines the integrity of U.S. immigration laws.

The Importance of Law Enforcement Collaboration

ICE acknowledges that successful immigration enforcement relies heavily on robust relationships with local law enforcement partners. Through Section 287(g), agencies can strategically collaborate to bolster national security efforts. Local agencies become an integral part of a broader mission to maintain order, ensuring that individuals who have violated immigration laws are appropriately addressed. This partnership directly contributes to a community’s overall safety and integrity.

An Overview of the ICE 287(g) Program Models

ICE’s 287(g) Program operates under three distinct models, each serving a unique function in enhancing immigration enforcement:

  • Jail Enforcement Model: This model focuses on identifying and processing removable aliens who have criminal charges or are pending criminal cases. Local law enforcement agencies can swiftly address cases of illegal immigration among individuals who are already in custody.
  • Task Force Model: Acting as a force multiplier, this model allows local law enforcement to apply limited immigration authority while performing their regular duties, all under the watchful eye of ICE. This enhances community safety while ensuring immigration laws are enforced.
  • Warrant Service Officer Program: Under this model, ICE provides training and certification for local law enforcement officers to serve and execute administrative warrants against aliens detained in their facilities. By equipping local officers with the necessary skills, this program increases the efficacy of immigration enforcement.

How Law Enforcement Agencies Can Participate

Participation in the 287(g) Program is exclusively available to law enforcement agencies. On January 20, 2025, President Donald J. Trump issued Executive Order 14159, emphasizing the importance of authorizing state and local law enforcement to engage in this partnership. Some states, like Georgia and Florida, have already taken legislative steps requiring their law enforcement agencies to enter into memorandums of agreement (MOAs) with ICE under the 287(g) Program.

To participate, local law enforcement agencies must sign an MOA with ICE and nominate officers for the program. Nominees must be U.S. citizens, successfully pass a background check, and have relevant law enforcement experience. Specifically, those interested in the Task Force Model need at least two years of sworn law enforcement experience. Once accepted, designated officers receive comprehensive training from ICE regarding their immigration-related duties.

How to Get Started with the 287(g) Program

For agencies interested in becoming a law enforcement partner under the 287(g) Program, the first step is to submit a signed Letter of Interest and the MOA to ICE. These forms can be sent to ERO287g@ice.dhs.gov. Inquiries regarding the program, assistance with completing necessary forms, or additional information can also be directed to this email. ICE commits to responding to such inquiries promptly, typically within one business day.

Keeping Track of Participating Agencies

As of April 4, 2025, ICE has entered into 444 Memorandums of Agreement for the 287(g) program across 38 states. This includes a variety of agreements tailored to different enforcement models. Specifically, there are 86 Jail Enforcement Model agreements, 180 Warrant Service Officer agreements, and 178 Task Force Model agreements, demonstrating widespread engagement with local law enforcement to enhance immigration enforcement.

View 287(g) Participating Agencies

Pending Applications for the 287(g) Program

There are currently 66 applications pending for participation in the 287(g) Program as of April 4, 2025. These applications reflect ongoing interest and the potential for expanding the program’s reach into additional states and communities.

View 287(g) Pending Agencies

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