287g

What is 287g?

The 287g program is a provision of the Immigration and Nationality Act (INA). Section 287g of the INA allows the Department of Homeland Security (DHS), specifically the Secretary of Homeland Security, to deputize state and local law enforcement officers to perform the functions of federal immigration officers within Immigration and Customs Enforcement (ICE). These agreements delegate federal immigration enforcement authority to designated state and local officers. This delegation of authority primarily applies to the identification, apprehension, and detention of non-citizens who have violated immigration laws.

Under a 287g agreement, local law enforcement agencies sign a Memorandum of Agreement (MOA) with ICE. This MOA outlines the scope of the delegated authority, the training required for local officers, and the provisions for oversight. Officers participating in the 287g program must undergo specialized training provided by ICE. This training covers immigration law, identification of immigration violators, and the proper procedures for enforcing immigration laws.

Why is 287g harmful?

The 287g program has been a subject of significant debate and discussion. There are many valid concerns around the program. We believe the program causes more harm than good to our communities.

  • Racial Profiling: The expanded authorization of officers leads to racial profiling and discrimination against minority communities. Frederick County has already settled lawsuits about racial profiling under 287g, and these allegations may only increase.

  • Deterioration of Trust: Local police involvement in immigration enforcement erodes trust between immigrant communities and law enforcement. Community residents are less likely to report crimes, seek out help, or cooperate with investigations. Undocumented immigrants who are aware of police collaboration with ICE are 61% less likely to report crimes that they witnessed.

  • Poor Resource Allocation: The use of local resources for federal immigration enforcement divert funds and personnel from local public safety needs, putting communities at risk.

  • Due Process Violation: Rights of individuals identified and detained under 287g agreements are being compromised as evidenced through constitutional violations, inadequate training for officers, and a lack of proper federal oversight.

What can we do about it?

Advocacy groups and community organizations play a crucial role in monitoring the program's effects and advocating for policy reforms. Our hope is the more vocal public opposition grows, the more city officials will back down and protect our communities.