As immigration policy remains an ongoing focus at the national level, the 287(g) program is drawing renewed attention. The program, which allows state and local law enforcement agencies to partner with U.S. Immigration and Customs Enforcement (ICE) for immigration enforcement, has been in place since 1996.
Recently, the Trump administration signaled plans to expand the program, proposing changes that would lower detention standards to encourage more sheriff’s offices to participate and increase the number of formal agreements between ICE and local law enforcement agencies, Reuters reported. According to ICE, the expansion aims to enhance federal-local cooperation in immigration enforcement, particularly in states where immigration policy remains a significant focus.
What is the 287(g) program?
The 287(g) program, a federal-local partnership under the Immigration and Nationality Act (INA), allows U.S. Immigration and Customs Enforcement (ICE) to deputize local law enforcement officers to carry out certain immigration enforcement duties. According to ICE, the goal of the program is to enhance public safety by enabling state and local agencies to identify and process noncitizens who may be subject to removal while in custody.
The program, created in 1996 under the Illegal Immigration Reform and Immigrant Responsibility Act, has been expanded and revised multiple times, with updates focused on oversight, training and data collection. While ICE states that 287(g) helps prioritize enforcement against individuals with criminal records, the program has also faced scrutiny from civil rights organizations and federal watchdogs regarding potential racial profiling concerns and the impact on community policing.
How does the 287(g) program work?
According to ICE, the program operates through formal Memoranda of Agreement (MOA) between ICE and participating local or state law enforcement agencies. These agreements authorize trained officers to perform specific immigration enforcement duties under ICE’s supervision.
The program has two operational models:
- Jail Enforcement Model (JEM): This allows local law enforcement agencies to screen individuals in custody to determine their immigration status and potential removability. Officers can also issue ICE detainers to hold individuals for possible federal custody.
- Warrant Service Officer (WSO) Program: This permits state and local officers to serve and execute administrative warrants for individuals in local jails who are identified as being removable under immigration law.
As of 2024, 125 out of approximately 3,000 law enforcement agencies nationwide have agreements under 287(g), according to data from ICE.
287(g) training requirements
Before receiving ICE immigration authority, state and local officers must complete the 287(g) Immigration Authority Delegation Program (IADP), a four-week training course conducted at the Federal Law Enforcement Training Center (FLETC) in Charleston, South Carolina. According to ICE, the course covers immigration law, ICE database use, multicultural communication and racial profiling prevention.
To maintain certification, 287(g) officers must complete a refresher course every two years through the Immigration Authority Delegation Refresher Training Program (IADRP) at FLETC. The refresher ensures officers stay updated on policy changes and enforcement procedures while continuing to operate under ICE supervision.
Program oversight and recent updates
Following audits from the Department of Homeland Security (DHS) Office of Inspector General (OIG) in 2010 and 2012, ICE has revised the program to increase oversight, training and accountability. According to ICE, these updates include:
- Enhanced training requirements, including the four-week IADP. Officers must also complete a biennial refresher training to retain their designation.
- Comprehensive data collection to ensure enforcement efforts focus on individuals with criminal convictions.
- Increased supervision, with seven National Program Managers based in Washington, D.C., and 20 Field Program Managers monitoring local agencies with active 287(g) agreements.
- Updated Memoranda of Agreement (MOA), revised in 2013 and 2016, which clarifies ICE’s role in oversight, program supervision, civil rights standards and public transparency.
ICE’s stance on racial profiling
While ICE states that 287(g) helps prioritize enforcement against individuals with criminal records, the program has also faced scrutiny from civil rights organizations and federal watchdogs regarding potential racial profiling concerns and the impact on community policing, the American Immigration Council states. For instance, a 2021 report from the Government Accountability Office (GAO) found that ICE had failed to establish performance goals for the program, including how to effectively measure its oversight of law enforcement agency partners.
According to ICE, the 287(g) training program includes coursework on “multicultural communication and the avoidance of racial profiling.” ICE also states that any indication of racial profiling will be treated with the utmost scrutiny and fully investigated, and if any proof of racial profiling is uncovered, that specific officer or department will have their authority and/or agreement rescinded.
Additionally, immigration advocacy groups argue that the program deters crime victims and witnesses from cooperating with local law enforcement, fearing deportation. A 2011 study from the Migration Policy Institute, an independent nonprofit, found that communities with 287(g) agreements had lower crime reporting rates among immigrant populations.
