November 29, 2012
The 287(g) Program: A Flawed and Obsolete Method of Immigration Enforcement
The Immigration Policy Center today releases an updated version of its fact sheet, The 287(g) Program: A Flawed and Obsolete Method of Immigration Enforcement.
Under Section 287(g) of the Immigration and Nationality Act, the Department of Homeland Security (DHS) may deputize selected state and local law enforcement officers to perform the functions of federal immigration agents. Like employees of U.S. Immigration and Customs Enforcement (ICE), so-called “287(g) officers” have access to federal immigration databases, may interrogate and arrest noncitizens believed to have violated federal immigration laws, and may lodge “detainers” against alleged noncitizens held in state or local custody.
According to a letter recently sent to participating law enforcement agencies, ICE is conducting a nationwide review of the program to determine which if any agreements should be renewed after December 31, 2012. The review follows the termination of 287(g) agreements with two agencies—the Maricopa County (Ariz.) Sheriff’s Office and the Alamance County (N.C.) Sheriff’s Office—that the Justice Department found to have engaged in a pattern and practice of constitutional violations, including excessive traffic stops of Latino residents.
This fact sheet provides an overview of how the 287(g) program works, as well as arguments raised by its critics.
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