Illegal Immigration Is NOT Just A "Federal" Problem, That's Just A Cop-Out!!!

March 10, 2008

Section 287(g), Immigration and Nationality Act;
Delegation of Immigration Authority A Law Enforcement Partnership
Terrorism and criminal activity are most effectively combated through a multi-agency/multi-authority approach that encompasses the skills and expertise of federal, state and local resources. State and local law enforcement agencies play a critical role in protecting our national security in part because the vast majority of criminals are taken into custody under their jurisdiction. During the course of daily duties, state and local law enforcement personnel often encounter criminal aliens and immigration violators who pose a threat to our communities.

Section 287(g) of the Immigration and Nationality Act
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), effective September 30, 1996, added Section 287(g) to the Immigration and Nationality Act (INA). Section 287(g) authorizes the secretary of the U.S. Department of Homeland Security (DHS) to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA), provided that these officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers.

State and local patrol officers, detectives, investigators and correctional officers working in conjunction with ICE gain: necessary resources and authority to pursue investigations relating to violent crimes, human smuggling, gang/organized crime activity, sexual-related offenses, narcotics smuggling and money laundering; 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 MOA and prescribes the agreed upon complaint process governing officer conduct. Under the act, ICE will supervise all cross-designated officers when they exercise their immigration authorities. State and local agencies in more than a dozen states have signed MOAs and hundreds of police and corrections officers have completed 287(g) training. These agreements continue to generate hundreds of investigative leads, arrests and convictions for a variety of federal and state charges.

287(g) Fast Facts (updated 3-10-08):
-There are currently 41 active 287(g) MOA’s

-More than 660 officers have been trained and certified thru the 287(g) program

-Local officers have identified more than 45,000 individuals for possible immigration violations through use of their 287(g) authority.

Agencies with signed MOAs (updated 3-10-08):
AL Alabama State Police

AR Benton County Sheriff's Department

AR City of Springdale Police Department

AR Rogers Police Department

AR Washington County Sheriff's Office

AZ AZ Department of Public Safety

AZ Department of Corrections

AZ Maricopa County Sheriff's Office

CA Los Angeles County Sheriff's Department

CA Orange County Sheriff's Office

CA Riverside County Sheriff's Office

CA San Bernardino County Sheriff's Office

CO CO Dept. of Public Safety

CO El Paso County Sheriff's Office FL Collier County Sheriff's Office

FL Florida Department of Law Enforcement

GA Cobb County Sheriff's Office

GA Georgia Dept. of Public Safety

GA Hall County Georgia

GA Whitfield County Sheriff's Office

MA Barnstable County Sheriff's Office

MA Department of Corrections

MA Framingham Police Department

MD Frederick County Sheriff's Office

NC Alamance County Sheriff's Office

NC Cabarrus Co. Sheriff's Office

NC Durham Police Department

NC Gaston County Sheriff's Office

NC Mecklenburg County Sheriff's Office

NH Hudson City Police Department

NM New Mexico Corrections Department

OH Butler County Sheriff’s Office

OK Tulsa County Sheriff's Office

SC York County Sheriff's Office

TN Davidson County Sheriff's Office

VA Herndon Police

VA Prince William-Manassas Adult Detention Center

VA Prince William Police Department

VA Prince William Sheriff’s Office

VA Rockingham Co. Sheriff’s Office

VA Shenandoah Co. Sheriff’s Office

Criminal Alien Program (CAP)
Under current MOAs, 287(g) participants are encouraged under CAP to see that criminal aliens incarcerated within federal, state and local facilities are not released into the community upon completion of their sentences. ICE is working to expand 287(g) authority to county and local correctional facilities that do not operate within normal ICE jurisdictions. The expansion of the 287(g) program into county and local correctional facilities will act as a force multiplier for CAP and have a positive impact on this important program.

Officer Selection Requirements
U.S. citizen;
Current background investigation completed;
Minimum two years experience as a law enforcement officer; and
No disciplinary actions pending.


Training Requirements
ICE offers two training programs including a five-week program for field level law enforcement officers and a four-week program for correctional personnel. The ICE Academy sets standards and testing. Certified instructors conduct the training.





http://www.ice.gov/partners/287g/Section287_g.htma>