287 (G)

Writing Good Legislation

State and local governments can apply for 287g agreement to enforce federal immigration laws. The Illegal Immigration Reform and Responsibility Act (8 USC § 1357g) provides that a partnership can be formed between local law enforcement and the federal immigration enforcement agency (Department of Homeland Security (DHS)). A Memorandum of Agreement (MOA) can be entered into by DHS and a local/state government which would provide that law enforcement officers receive appropriate training and function under the supervision of sworn Immigration and Customs Enforcement (ICE) officers to carry out these duties. While §1357(g)(10) expressly states that a 287g agreement is not a requirement for enforcement by local police agencies, it does provide two significant advantages: (1) Authorized local officers receive qualified federal immunity when performing federal immigration enforcement tasks, and (2) the jurisdiction gains practical priority in the transfer of detained aliens into federal custody. For more information visit the ICE web site and request a 287g packet detailing this information.