Immigration and Nationality Act Section 287(g)

Last updated

Section 287(g) of the U.S. Immigration and Nationality Act authorizes the Department of Homeland Security (DHS) to deputize selected state and local law enforcement officers to enforce federal immigration law. [1] [2] Section 287(g) allows the DHS and law enforcement agencies to make agreements, which require the state and local officers to receive training and work under the supervision of U.S. Immigration and Customs Enforcement. ICE provides the officers with authorization to identify, process, and—when appropriate—detain immigration offenders they encounter during their regular, daily law-enforcement activity.

Contents

Section 287(g), codified at 8 U.S.C.   § 1357(g) , was added by section 133 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. [2]

Implementation

ICE currently requires participating officers to undergo a four-week training process. [1] Of 15,338 local police and sheriff offices in the United States, [3] only 37 participated in 287(g) as of March 2017. [1] Local officials who have chosen not to participate or discontinued the program cite as their reasons program costs, disruptions to their relationship with local residents, bad publicity, and a desire to focus on criminal law enforcement as opposed to federal civil laws including immigration laws. [4] Between 2006 and 2015, over 402,000 immigrants were identified for deportation through § 287(g). [5]

History

287(g) programs were originally used to deport criminals who were screened while in jail. Then, in 2006, officers under the sheriff of Charlotte, North Carolina, Jim Pendergraph, began screening the public for violations of civil immigration law. This began the "task force model" of 287(g) in addition to the original jail-based model. Pendergraph was later appointed chief of ICE's Office of State and Local Coordination, and in this position he expanded the task force model to other communities. [4] [6] At the close of 2012, ICE reported that it had decided to discontinue its agreements under the task force model, saying that "other enforcement programs, including Secure Communities, are a more efficient use of resources." [7] Participation of localities in the 287(g) program reduced from a peak of 72 localities in 2011 to 37 in March 2017. [4] Chris Newman, National Day Laborer Organizing Network's legal director, reported in early 2017 that he thought the 287(g) program was coming to a close. [4] However, Donald Trump asked the Department of Homeland Security to build more 287(g) partnerships in a January 2017 executive order. [8] Commentators speculate that his planned expansion includes a return to the "task force" model. [9] Subsequently, a number of sheriffs requested to join the 287(g) program in the early months of the Trump administration. [4]

Civil rights violations

The US Justice Department has found that some localities participating in the 287(g) program have used their authority to commit large scale pattern or practice constitutional violations. For example, Maricopa, Arizona Sheriff Joe Arpaio used his authority under § 287(g) to justify sweeps during which Latinos were illegally racially profiled. [10] [11] Muzaffar Chishti of the Migration Policy Institute described the situation there by saying, "there were people in yellow suits running around catching Hispanics." [4] In Alamance County, NC, sheriff's deputies established checkpoints at entrances to Latino neighborhoods where Latino drivers were ten times more likely to be stopped than non-Latino drivers. It was also found that for the same traffic violations, Latino drivers were frequently arrested, whereas non-Latino drivers merely received citations. [12] In February 2017, the ACLU cited numerous instances of civil rights violations, patterns of racial discrimination, and patterns of improper behavior among § 287(g) participating localities, and urged ICE to discontinue the program on the grounds that these localities could not be trusted to attend to constitutional and civil rights. [13]

Support and opposition

The National Sheriffs' Association has issued a position paper supporting the expansion of the 287(g) program, stating: "It is critical that local law enforcement maintain and build upon the partnerships with federal law enforcement to ensure that collectively we can promote, protect, and preserve the public safety and homeland security." [14] The International Association of Chiefs of Police and the Major Cities Chiefs Association have both issued statements opposing police participation in immigration enforcement on the grounds that it interferes with the "trust, communication, and cooperation" between police and the immigrant community that are necessary for police to maintain public order. [15] [16] [17] [18] [a] The Law Enforcement Immigration Task Force, composed of 63 sheriffs and police chiefs signed a letter asserting that they don't want their officers acting as immigration enforcement agents. [19] 287(g) has also been strongly opposed by the ACLU, [20] the American Immigration Council, [2] and the Southern Center for Human Rights. [21]

See also

Notes

  1. ↑ See also Hoffmaster, Debra A.; Murphy, Gerard; McFadden, Shannon; Griswold, Molly (2010), Police and Immigration: How Chiefs Are Leading their Communities through the Challenges (PDF), Police Executive Research Forum, retrieved 19 March 2017; Theodore, Nik (1 May 2013), Insecure Communities: Latino Perceptions of Police Involvement in Immigration Enforcement, Chicago, IL: University of Illinois at Chicago, retrieved 5 April 2017

Related Research Articles

<span class="mw-page-title-main">United States Department of Homeland Security</span> United States federal executive department

The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-terrorism, border security, immigration and customs, cyber security, and disaster prevention and management.

The National Security Entry-Exit Registration System (NSEERS) or INS Special Registration was a system for registering certain non-citizens within the United States, initiated in September 2002 as part of the War on Terrorism. Portions were suspended as of April 27, 2011, and the entirety of the regulation was removed on December 23, 2016.

<span class="mw-page-title-main">United States Secretary of Homeland Security</span> Head of the United States Department of Homeland Security

The United States secretary of homeland security is the head of the United States Department of Homeland Security, the federal department tasked with ensuring public safety in the United States. The secretary is a member of the Cabinet of the United States. The position was created by the Homeland Security Act following the attacks of September 11, 2001.

U.S. Immigration and Customs Enforcement is a federal law enforcement agency under the U.S. Department of Homeland Security. ICE's stated mission is to protect the United States from cross-border crime and undocumented immigration that threaten national security and public safety.

<span class="mw-page-title-main">U.S. Customs and Border Protection</span> American federal law enforcement agency

United States Customs and Border Protection (CBP) is the largest federal law enforcement agency of the United States Department of Homeland Security. It is the country's primary border control organization, charged with regulating and facilitating international trade, collecting import duties, as well as enforcing U.S. regulations, including trade, customs, and immigration. CBP is one of the largest law enforcement agencies in the United States. It has a workforce of more than 45,600 federal agents and officers. It is headquartered in Washington, D.C.

<span class="mw-page-title-main">Federal Protective Service (United States)</span> US Federal law enforcement agency

The Federal Protective Service (FPS) is a federal law enforcement agency of the United States Department of Homeland Security (DHS). It is also "the federal agency charged with protecting and delivering integrated law enforcement and security services to facilities owned or leased by the General Services Administration (GSA)"—over 9,000 buildings—and their occupants.

<span class="mw-page-title-main">Sanctuary city</span> City that does not cooperate with enforcement of federal immigration law

A sanctuary city is a municipality that limits or denies its cooperation with the national government in enforcing immigration law.

<span class="mw-page-title-main">Immigration detention in the United States</span>

The United States government holds tens of thousands of immigrants in detention under the control of Customs and Border Protection and the Immigration and Customs Enforcement (ICE).

Secure Communities is a data-sharing program that relies on coordination between federal, state, and local law enforcement agencies. The program was designed to "check the immigration status of every single person arrested by local police anywhere in the country". As part of the program, fingerprints that are taken upon arrest, which are traditionally forwarded to the FBI, are then also forwarded to the Department of Homeland Security (DHS). If these finger prints match the DHS's Automated Biometric Identification System (IDENT), then the ICE district office decides whether or not to issue a detainer request which can include requesting that the person be detained for up to 48 hours (I-247D), or a request for ICE to be notified upon their release (I-247N).

<span class="mw-page-title-main">Mark A. Morgan</span> American law enforcement officer (born 1965 or 1966)

Mark A. Morgan is an American law enforcement official who served as the Chief Operating Officer and acting Commissioner of U.S. Customs and Border Protection from July 5, 2019, to January 20, 2021.

The Priority Enforcement Program is a program by U.S. Immigration and Customs Enforcement (ICE), the agency responsible for immigration enforcement in the interior of the United States, under the U.S. Department of Homeland Security (DHS). PEP was an ICE program that worked with state and local law enforcement to identify illegal aliens who come in contact with state or local law enforcement, and remove those who are removable. PEP was announced by DHS Secretary Jeh Johnson in a November 20, 2014 memo as a replacement for Secure Communities (S-COMM). It builds on an updated list of immigration enforcement priorities released in another memo by Johnson issued on the same day.

<span class="mw-page-title-main">Victims of Immigration Crime Engagement</span> American federal agency

The Victims of Immigration Crime Engagement (VOICE) Office was a U.S. government agency established within the Department of Homeland Security under the Trump administration in February 2017. President Donald Trump directed it be established by Executive Order 13768. The office was dissolved by the Biden administration on June 11, 2021, replaced by the Victims Engagement and Services Line (VESL).

<span class="mw-page-title-main">Thomas M. Hodgson</span> Sheriff of Bristol County, Massachusetts

Thomas M. Hodgson is an American politician who served as Sheriff of Bristol County Massachusetts from 1997 to 2022.

<span class="mw-page-title-main">Kirstjen Nielsen</span> American attorney (born 1972)

Kirstjen Michele Nielsen is an American attorney who served as United States Secretary of Homeland Security from 2017 to 2019. She is a former principal White House deputy chief of staff to President Donald Trump, and was chief of staff to John F. Kelly during his tenure as Secretary of Homeland Security.

<span class="mw-page-title-main">Abolish ICE</span> Political movement

Abolish ICE is a political movement that seeks the abolition of U.S. Immigration and Customs Enforcement (ICE). The movement gained mainstream traction in June 2018 following controversy of the Trump administration family separation policy. The movement proposes that ICE's responsibilities be subsumed by other existing immigration agencies, as was the case before its creation. Discussions are particularly focused on the enforcement wing of ICE.

Wolf v. Vidal, 591 U.S. ___ (2020), was a case that was filed to challenge the Trump Administration's rescission of Deferred Action for Childhood Arrivals (DACA). Plaintiffs in the case are DACA recipients who argue that the rescission decision is unlawful under the Administrative Procedure Act and the Fifth Amendment. On February 13, 2018, Judge Garaufis in the Eastern District of New York addressed the question of whether the government offered a legally adequate reason for ending the DACA program. The court found that Defendants did not provide a legally adequate reason for ending the DACA program and that the decision to end DACA was arbitrary and capricious. Defendants have appealed the decision to the Second Circuit Court of Appeals.

<span class="mw-page-title-main">2020 deployment of federal forces in the United States</span>

In June 2020, the Trump administration began deploying federal law enforcement forces to select cities in the United States in response to rioting and monument removals amid the George Floyd protests. Federal law enforcement elements were deployed under Operation Legend, Operation Diligent Valor, and the Protecting American Communities Task Force (PACT). The Department of Homeland Security (DHS) cited an executive order regarding "monuments, memorials and statues" as allowing federal officers to be deployed without the permission of individual U.S. states, as the federal government "has the right to enforce federal laws, investigate crimes and make arrests" within states.

<span class="mw-page-title-main">Protecting American Communities Task Force</span> Part of the US Department of Homeland Security

The DHS Protecting American Communities Task Force – often abbreviated PACT and commonly referred to as the Protecting American Communities Task Force – is a departmental task force of the Department of Homeland Security. PACT is mandated to officially coordinate riot control and security police operations to protect monuments, memorials, and federal property, monitor civil unrest, protect civilians from rioting or vandalism, or respond to the destruction of federal property by protesters. PACT was formed on July 1, 2020 in the wake of the George Floyd protests under direction of Acting Secretary of Homeland Security Chad Wolf. The task force is also mandated to coordinate its law enforcement efforts with the United States Department of Justice and United States Department of Defense. PACT has attracted significant controversy and criticism from various media outlets for its operations and alleged goals.

<span class="mw-page-title-main">Director of the U.S. Immigration and Customs Enforcement</span> Government Official

The Director of the U.S. Immigration and Customs Enforcement (ICE) is a civilian official in the United States Department of Homeland Security. During July 2010 the position's title was changed from Assistant Secretary for U.S. Immigrations and Customs Enforcement.

References

  1. 1 2 3 "Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act". Immigration and Customs Enforcement. Retrieved 20 March 2017.
  2. 1 2 3 "The 287(g) Program: An Overview". American Immigration Council. 29 November 2012. Retrieved 20 March 2017.
  3. ↑ Reaves, Brian A. (May 2015), Local police departments, 2013: Personnel, policies, and practices (PDF), Washington, DC: Bureau of Justice Statistics, p. 2, NCJ 248677, retrieved 12 December 2017
  4. 1 2 3 4 5 6 "Trump Administration Seeks Sheriffs' Help With Deportations". Time . 17 March 2017. Retrieved 20 March 2017.
  5. ↑ "Archived copy" (PDF). www.dhs.gov. Archived from the original (PDF) on 28 February 2017. Retrieved 12 January 2022.{{cite web}}: CS1 maint: archived copy as title (link)
  6. ↑ Ordoñez, Franco (26 August 2008). "Pendergraph quits federal position". Charlotteo Observer. Retrieved 4 May 2017.
  7. ↑ Immigration and Customs Enforcement (20 December 2012). "FY 2012: ICE announces year-end removal numbers, highlights focus on key priorities and issues new national detainer guidance to further focus resources".
  8. ↑ Trump, Donald (25 January 2017). "Executive Order: Border Security and Immigration Enforcement Improvements". whitehouse.gov . Retrieved 20 March 2017– via National Archives.
  9. ↑ Feeney, Matthew (30 January 2017). "Trump Looking to Local Police for Immigration Enforcement". Cato Institute. Retrieved 20 March 2017.
  10. ↑ US Department of Justice. "United States' Investigation of Maricopa County Sheriffs' Office" (PDF). Letter to Bill Montgomery, County Attorney, Maricopa County, AZ. Retrieved 19 March 2017.
  11. ↑ Hagan, Joe (16 August 2012). "The long, lawless ride of sheriff Joe Arpaio". Rolling Stone . Retrieved 4 May 2017.
  12. ↑ Perez, Thomas E. (18 September 2012). "United States' investigation of the Alamance County Sheriff's Office" (PDF). Letter to Clyde B. Albright & Chuck Kitchen. Retrieved 4 May 2017.
  13. ↑ Newman, Ronald (7 February 2017). "Unsuitability of Applicants to the 287(g) Immigration Enforcement Program" (PDF). Letter to Bruce Friedman, Office of Civil Rights and Civil Liberties, Department of Homeland Security. Retrieved 19 March 2017.
  14. ↑ Vaughan, Jessica (1 March 2012). "National Sheriffs Association Supports E-Verify Mandate, 287(g), and Full Enforcement". Center for Immigration Studies. Retrieved 4 May 2017.; see also, http://www.cis.org/articles/2012/nsa-position-paper-on-immigration-and-border-security.pdf Archived 2012-06-19 at the Wayback Machine
  15. ↑ Major Cities Chiefs Association (June 2006), M.C.C. Immigration Committee recommendations for enforcement of immigration laws by local police agencies (PDF), archived from the original (PDF) on 1 February 2017, retrieved 19 March 2017
  16. ↑ http://www.theiacp.org/About/PressCenter/tabid/81/Default.aspx?id=867&v=1.{{cite web}}: Missing or empty |title= (help)[ permanent dead link ]
  17. ↑ Manger, J. Thomas, Examining 287(g): The role of state and local law enforcement in immigration law Report from the Chair of the Legislative Committee for the Major Cities Chiefs Association to the House Committee on Homeland Security
  18. ↑ International Association of Chiefs of Police (30 November 2004), Enforcing Immigration Law: The Role of State, Tribal and Local Law Enforcement (PDF), archived from the original (PDF) on 30 January 2017, retrieved 19 March 2017
  19. ↑ Law Enforcement Immigration Task Force (17 March 2017), Letter to Senators (PDF), retrieved 19 March 2017
  20. ↑ "287(g) Agreements". American Civil Liberties Union. Retrieved 20 March 2017.
  21. ↑ "Advocates issue statement condemning Obama administration's expansion of DHS's failed 287(g) program". Southern Center for Human Rights. 30 January 2017. Archived from the original on 20 March 2017. Retrieved 20 March 2017.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.