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December 15, 2020Washington, DC, United States287g Immigration and Nationality Act

ICE publishes monthly report on enforcement actions due to 287(g) cooperative agreements

WASHINGTON – A Brazilian national charged with felony battery on a law enforcement officer and a Guatemalan national convicted of aggravated assault-family violence and cruelty to children, are examples of the most egregious cases of detainers placed in November by local law enforcement officials with delegated 287(g) authority from U.S. Immigration and Customs Enforcement (ICE), as detailed in the latest monthly report. The 287(g) Program, authorized by Congress, allows local law enforcement agencies to participate as an active partner in identifying criminal aliens in their custody, and placing ICE detainers on these individuals.

ICE’s 287(g) reports detail examples of enforcement actions made as a direct result of the cooperative agreements between state and local law enforcement partners and the federal agency.

The November report highlights action taken in cases involving significant threats to public safety:

  • Oklahoma: On Nov. 5, the Tulsa County Sheriff’s Office 287(g) Program encountered a citizen of Honduras arrested for child sexual abuse and placed an immigration detainer and warrant on the subject. The subject entered the U.S. on an unknown date and at an unknown location without inspection.
  • Georgia: On Nov. 16, the Cobb County Sheriff’s Office 287(g) Program encountered a citizen of Jamaica convicted of armed robbery, possession of a firearm in commission of a felony and possession of marijuana and placed an immigration detainer and warrant on the subject. The subject was last admitted into the United States as a conditional lawful resident but violated the terms of his admission.

Under the 287(g) Program, ICE has 77 jail enforcement model agreements in 21 states and 75 warrant service officer model agreements in 11 states.

ICE does not require law enforcement agencies to participate in 287(g). In fact, law enforcement agencies must request to participate in the 287(g) program and enter into a memorandum of agreement that defines the scope, duration and limitations of the delegation of authority. It also sets forth training requirements, terms of ICE supervision, and requires partnering law enforcement agencies to follow U.S. Department of Homeland Security (DHS) and ICE policies when its designated immigration officers perform delegated immigration enforcement functions.

The 287(g) program allows ICE to have a presence at local jails across the country. Through training, and with oversight, local officers can screen those booked into local custody on criminal charges and process the immigration case for ICE supervisory review.

The goal of 287(g) is to enhance public safety by identifying aliens, lodging immigration detainers, and initiating removal proceedings by issuing charging documents on criminal and removable aliens booked into the jail facility.

Law enforcement agencies interested in becoming a partner under the 287(g) program are encouraged to email ERO287g@ice.dhs.gov for more information on how to apply.

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