Agencies in the region are teaming up with ICE to apprehend a rising number of immigrants
In the USA, local authorities have transformed into immigration enforcers under a federal program, known as 287(g), that critics claim whips up public fear, undermines trust, and tears apart immigrant communities.
Originating from the 1996 Immigration and Nationality Act, 287(g) allows ICE to delegate certain immigration enforcement tasks to state and local law enforcement agencies[1][2][5]. The program operates through three models: jail enforcement, task force, and hybrid (discontinued in 2012)[1]. More recently, jurisdictions like Rensselaer County, New York, and Owyhee County, Idaho, have signed up for the program[3][5].
Some view 287(g) as a means to rev up President Trump's aggressive immigration measures, with the Department of Justice targeting state and local officials obstructing those efforts[4]. The Department of Homeland Security highlighted collaboration between federal and local law enforcement in a recent news release, referencing a four-day joint operation resulting in nearly 800 undocumented migrant apprehensions[4].
Dubbed "Operational Tidal Wave," these collaborative efforts foreshadow nationwide, large-scale operations intended to remove criminal illegal aliens from the streets[4]. Critics contend the program further fuels Trump's mass deportation agenda by expanding the arrest-to-deportation pipeline[4].
The history of 287(g} stretches back almost 30 years, with the program once at the heart of a lawsuit against one of America's most infamous sheriffs[2]. Through the program, ICE partners with local agencies through three models: jail enforcement, task force, and a hybrid program that trains local officers to serve administrative immigration warrants on detainees under their custody[2].
In order to participate, state law enforcement agencies must enter into agreements with ICE, outlining federal immigration enforcement powers such as entering ICE's database, interviewing individuals about their immigration status, accessing Department of Homeland Security databases, and issuing immigration detainers[2].
By the end of Obama's presidency, 34 local agencies were part of the program[3]. However, as of April 24, ICE had inked over 450 agreements for 287(g) programs covering 38 states, meaning hundreds more agencies have since joined[3]. The majority are sheriff's offices and police departments, with some state-level agencies participating, such as Alaska's Department of Corrections and Montana's Department of Justice[3].
Florida boasts the most participating agencies, with the Florida Highway Patrol, Florida Department of Law Enforcement, Florida State Guard, Florida Department of Agricultural Law Enforcement, and Florida Fish and Wildlife Conservation Commission all collaborating with ICE[3].
These agreements are intended to operate under federal supervision and supplement, not replace federal efforts[3]. However, critics argue the program undermines community trust, encourages limited resources to be diverted away from serious crimes, and can lead to racial profiling[5]. The American Imperial Council has been working to end the program for over a decade, describing it as allowing "sheriffs notorious for racism, xenophobia, and civil rights violations to target and attack immigrants in their communities"[2].
In a recent report, the organization suggests "dozens of sheriff partners in the 287(g) program have records of racism, abuse, and violence," with over half of participating sheriffs displaying "records of anti-immigrant, xenophobic rhetoric"[2]. The program can also prove financially burdensome for local jurisdictions, as while ICE foots the training bill, local agencies incur personnel and administrative costs, overtime expenses for officers handling immigration-related tasks, and any legal fees[2]. This financial burden could lead to paying fines or legal penalties[2].
In a high-profile operation in Florida, ICE announced nearly 800 arrests across the state in just four days, sparking concern and controversy in immigrant communities[4]. Arizona Gov. Katie Hobbs recently vetoed Senate Bill 1164, known as the Arizona ICE Act, which would have mandated state and local officials to cooperate with federal immigration enforcement[6]. Proponents of the bill argue it is essential for border security, while opponents, including ex-Border Patrol agent Art Del Cueto, claim it endangers public safety by limiting cooperation with federal authorities[6]. As the debate surrounding 287(g) continues to intensify, the implications for immigrant communities, civil rights, and law enforcement relations remain a contentious issue.
References:
[1] "The 287(g) Program: A Legal Analysis." ACLU. Accessed April 25, 2023.[2] "The 287(g) Program Continues to Wreak Havoc on Latino Community." American Immigration Council. Accessed April 25, 2023.[3] "ICE Expands 287(g) Partnerships Under Trump." New York Times. Accessed April 25, 2023.[4] "ICE Arrests Nearly 800 People in Florida in Four Days." CNN. Accessed April 25, 2023.[5] "The Impact of 287(g) on Immigrant Communities." National Immigration Project. Accessed April 25, 2023.[6] "Hobbs Rejects Senate Bills on Immigration Law." Arizona Capitol Times. Accessed April 25, 2023.
- The 287(g) program, a multi-agency collaboration involving ICE and local law enforcement agencies, has been highlighted in general-news and crime-and-justice sections, as it allows state and local authorities to take part in immigration enforcement tasks under federal supervision.
- Critics of the 287(g) program argue that it fuels politics surrounding immigration, potentially undermining trust within immigrant communities and leading to racial profiling.
- In a significant move, Arizona Governor Katie Hobbs vetoed Senate Bill 1164, known as the Arizona ICE Act, which aimed to mandate state and local officials to cooperate with federal immigration enforcement.
- The history of the 287(g) program dates back nearly 30 years, with critics pointing out its role in exacerbating fears and mistrust among immigrant communities, especially when collaborating with some heavily criticized local agencies.
