ICE MEMO: Civil Immigration Enforcement:
Priorities for the Apprehension, (mandatory) Detention, and Removal of Aliens
The ICE 287(g) Program: A Law Enforcement Partnership
U.S. Immigration and Customs Enforcement (ICE), the largest investigative agency in the Department of Homeland Security, is responsible for enforcing federal immigration laws as part of its homeland security mission. ICE works closely with federal, state and local law enforcement partners in this mission.
The 287(g) program, one of ICE’s top partnership initiatives, allows a state and local law enforcement entity to enter into a partnership with ICE, under a joint Memorandum of Agreement (MOA), in order to receive delegated authority for immigration enforcement within their jurisdictions.
287(g) Reform: Updated Facts
In 2009, ICE fundamentally reformed the 287(g) delegated authority program, strengthening public safety and ensuring consistency in immigration enforcement across the country by prioritizing the arrest and detention of criminal aliens.
ICE ACCESS: A Partnership Approach
The 287(g) program is one component of the ICE ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) program, which provides local law enforcement agencies an opportunity to team with ICE to combat specific challenges in their communities.
The 287(g) program is only one component under the ICE ACCESS umbrella of services and programs offered for assistance to local law enforcement officers.
ICE developed the ACCESS program in response to the widespread interest from local law enforcement agencies who have requested ICE assistance through the 287(g) program, which trains local officers to enforce immigration law as authorized through section 287(g) of the Immigration and Nationality Act.
Terrorism and criminal activity are most effectively combated through a multi-agency/multi-authority approach that encompasses federal, state and local resources, skills and expertise. State and local law enforcement play a critical role in protecting our homeland because they are often the first responders on the scene when there is an incident or attack against the United States. During the course of daily duties, they will often encounter foreign-born criminals and immigration violators who pose a threat to national security or public safety.
History of 287(g)
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act. This authorizes the secretary of DHS to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, provided that the local law enforcement officers receive appropriate training and function under the supervision of ICE officers.
The cross-designation between ICE and state and local patrol officers, detectives, investigators and correctional officers allows these local and state officers necessary resources and latitude to pursue investigations relating to violent crimes, human smuggling, gang/organized crime activity, sexual-related offenses, narcotics smuggling and money laundering. In addition, participating entities are eligible for increased resources and support in more remote geographical locations.
Memorandum of Agreement
The MOA defines the scope and limitations of the authority to be designated. It also establishes the supervisory structure for the officers working under the cross-designation and prescribes the agreed upon complaint process governing officer conduct during the life of the MOA. Under the statute, ICE will supervise all cross-designated officers when they exercise their immigration authorities. The agreement must be signed by the ICE Assistant Secretary, and the governor, a senior political entity, or the head of the local agency before trained local officers are authorized to enforce immigration law.
Officer Selection Requirements
Participating officers in the 287(g) program must meet the following requirements:
- U.S. citizenship
- Current background investigation completed
- Minimum two years experience in current position
- No disciplinary actions pending
Training Requirements
ICE offers a 4-week training program now held at the Federal Law Enforcement Training Center (FLETC) ICE Academy (ICEA) in Charleston, SC, conducted by certified instructors.
287(g) Results and Participating Entities
Currently ICE has 287(g) agreements with 71 law enforcement agencies in 25 states. Since January 2006, the 287(g) program is credited with identifying more than 185,000 potentially removable aliens -- mostly at local jails. ICE has trained and certified more than 1,213 state and local officers to enforce immigration law.
| STATE | LAW ENFORCEMENT AGENCY | SUPPORT TYPE | DATES SIGNED | MOA |
|---|---|---|---|---|
| ALABAMA | Alabama Department of Public Safety | TASK FORCE | 2003-09-10 | link |
| ALABAMA | Etowah County Sheriff's Office | JAIL ENFORCEMENT | 2008-07-08 | link |
| ARIZONA | Arizona Department of Corrections | JAIL ENFORCEMENT | 2005-09-16 | link |
| ARIZONA | Arizona Department of Public Safety | TASK FORCE | 2007-04-15 | link |
| ARIZONA | City of Mesa Police Department | JAIL & TASK FORCE | 2009-11-19 | link |
| ARIZONA | City of Phoenix Police Department | TASK FORCE | 2008-03-10 | link |
| ARIZONA | Florence Police Department | TASK FORCE | 2009-10-21 | link |
| ARIZONA | Maricopa County Sheriff's Office | JAIL ENFORCEMENT | 2007-02-07 | link |
| ARIZONA | Pima County Sheriff's Office | JAIL & TASK FORCE | 2008-03-10 | link |
| ARIZONA | Pinal County Sheriff's Office | JAIL & TASK FORCE | 2008-03-10 | link |
| ARIZONA | Yavapai County Sheriff's Office | JAIL & TASK FORCE | 2008-03-10 | link |
| ARKANSAS | Benton County Sheriff's Office | JAIL & TASK FORCE | 2007-09-26 | link |
| ARKANSAS | City of Springdale Police Department | TASK FORCE | 2007-09-26 | link |
| ARKANSAS | Rogers Police Department | TASK FORCE | 2007-09-25 | link |
| ARKANSAS | Washington County Sheriff's Office | JAIL & TASK FORCE | 2007-09-26 | link |
| CALIFORNIA | Los Angeles County Sheriff's Office | JAIL ENFORCEMENT | 2005-02-01 | link |
| CALIFORNIA | Orange County Sheriff's Office | JAIL ENFORCEMENT | 2006-11-02 | link |
| CALIFORNIA | Riverside County Sheriff's Office | JAIL ENFORCEMENT | 2006-04-28 | link |
| CALIFORNIA | San Bernardino County Sheriff's Office | JAIL ENFORCEMENT | 2005-11-19 | link |
| COLORADO | Colorado Department of Public Safety | TASK FORCE | 2007-03-29 | link |
| COLORADO | El Paso County Sheriff's Office | JAIL ENFORCEMENT | 2007-05-17 | link |
| CONNECTICUT | City of Danbury Police Department | TASK FORCE | 2009-10-15 | link |
| DELAWARE** | Delaware Department of Corrections | JAIL ENFORCEMENT | 2009-10-15 | link |
| FLORIDA | Bay County Sheriff's Office | TASK FORCE | 2008-06-15 | link |
| FLORIDA | Collier County Sheriff's Office | JAIL & TASK FORCE | 2007-08-06 | link |
| FLORIDA | Florida Department of Law Enforcement | TASK FORCE | 2002-07-02 | link |
| FLORIDA | Jacksonville Sheriff's Office | JAIL ENFORCEMENT | 2008-07-08 | link |
| GEORGIA | Cobb County Sheriff's Office | JAIL ENFORCEMENT | 2007-02-13 | link |
| GEORGIA | Georgia Department of Public Safety | TASK FORCE | 2007-07-27 | link |
| GEORGIA | Gwinnett County Sheriff's Office | JAIL ENFORCEMENT | 2009-10-15 | link |
| GEORGIA | Hall County Sheriff's Office | JAIL & TASK FORCE | 2008-02-29 | link |
| GEORGIA | Whitfield County Sheriff's Office | JAIL ENFORCEMENT | 2008-02-04 | link |
| MARYLAND | Frederick County Sheriff's Office | JAIL & TASK FORCE | 2008-02-06 | link |
| MINNESOTA | Minnesota Department of Public Safety | TASK FORCE | 2008-09-22 | link |
| MISSOURI | Missouri State Highway Patrol | TASK FORCE | 2008-06-25 | link |
| NEVADA | Las Vegas Metropolitan Police Department | JAIL ENFORCEMENT | 2008-09-08 | link |
| NEW JERSEY | Hudson County Department of Corrections | JAIL ENFORCEMENT | 2008-08-11 | link |
| NEW JERSEY | Monmouth County Sheriff's Office | JAIL ENFORCEMENT | 2009-10-15 | link |
| NEW MEXICO | New Mexico Department of Corrections | JAIL ENFORCEMENT | 2007-09-17 | link |
| NORTH CAROLINA | Alamance County Sheriff's Office | JAIL ENFORCEMENT | 2007-01-10 | link |
| NORTH CAROLINA | Cabarrus County Sheriff's Office | JAIL ENFORCEMENT | 2007-08-02 | link |
| NORTH CAROLINA | Durham Police Department | TASK FORCE | 2008-02-01 | link |
| NORTH CAROLINA | Gaston County Sheriff's Office | JAIL ENFORCEMENT | 2007-02-22 | link |
| NORTH CAROLINA | Guilford County Sheriff's Office | TASK FORCE | 2009-10-15 | link |
| NORTH CAROLINA | Henderson County Sheriff's Office | JAIL ENFORCEMENT | 2008-06-25 | link |
| NORTH CAROLINA | Mecklenburg County Sheriff's Office | JAIL ENFORCEMENT | 2006-02-27 | link |
| NORTH CAROLINA | Wake County Sheriff's Office | JAIL ENFORCEMENT | 2008-06-25 | link |
| OHIO | Butler County Sheriff's Office | JAIL & TASK FORCE | 2008-02-05 | link |
| OKLAHOMA | Tulsa County Sheriff's Office | JAIL & TASK FORCE | 2007-08-06 | link |
| RHODE ISLAND | Rhode Island State Police | TASK FORCE | 2009-10-15 | link |
| SOUTH CAROLINA | Beaufort County Sheriff's Office | TASK FORCE | 2008-06-25 | link |
| SOUTH CAROLINA | Charleston County Sheriff's Office | JAIL ENFORCEMENT | 2009-11-09 | link |
| SOUTH CAROLINA | Lexington County Sheriff's Office | JAIL ENFORCEMENT | 2010-08-19 | link |
| SOUTH CAROLINA | York County Sheriff's Office | JAIL ENFORCEMENT | 2007-10-16 | link |
| TENNESSEE | Davidson County Sheriff's Office | JAIL ENFORCEMENT | 2007-02-21 | link |
| TENNESSEE | Tennessee Highway Patrol / Department of Safety | TASK FORCE | 2008-06-25 | link |
| TEXAS | Carrollton Police Department | JAIL ENFORCEMENT | 2008-08-12 | link |
| TEXAS | Farmers Branch Police Department | TASK FORCE | 2008-07-08 | link |
| TEXAS | Harris County Sheriff's Office | JAIL ENFORCEMENT | 2008-07-20 | link |
| UTAH | Washington County Sheriff Office | JAIL ENFORCEMENT | 2008-09-22 | link |
| UTAH | Weber County Sheriff's Office | JAIL ENFORCEMENT | 2008-09-22 | link |
| VIRGINIA | Herndon Police Department | TASK FORCE | 2007-03-21 | link |
| VIRGINIA | Loudoun County Sheriff's Office | TASK FORCE | 2008-06-25 | link |
| VIRGINIA | Manassas Park Police Department | TASK FORCE | 2008-03-10 | link |
| VIRGINIA | Manassas Police Department | TASK FORCE | 2008-03-05 | link |
| VIRGINIA | Prince William County Police Department | TASK FORCE | 2008-02-26 | link |
| VIRGINIA | Prince William County Sheriff's Office | TASK FORCE | 2008-02-26 | link |
| VIRGINIA | Prince William-Manassas Regional Jail | JAIL ENFORCEMENT | 2007-07-09 | link |
| VIRGINIA | Rockingham County Sheriff's Office | JAIL & TASK FORCE | 2007-04-25 | link |
| VIRGINIA | Shenandoah County Sheriff's Office | JAIL & TASK FORCE | 2007-05-10 |
