The Department of Homeland Security (DHS) Office of the Inspector General (OIG) conducted a review of the 287(g) delegation of authority program during the period from February 2009 through July 2009, and published its findings in March 2010. In September of 2012, DHS OIG released their report entitled "The Performance of 287(g) Agreements FY 2012 Follow-Up".
Since the audits were conducted, ICE has closed out all recommendations for both audits based on revisions to the 287(g) program in furtherance of strengthening public safety and ensuring consistency in immigration enforcement across the country by prioritizing the arrest and detention of criminal aliens.
To improve 287(g) program operations, ICE has done the following:
- Implemented comprehensive guidelines for ICE field offices that supervise 287(g) partnerships, prioritizing the arrest and detention of criminal aliens.
- Requires 287(g) officers to maintain comprehensive alien arrest, detention, and removal data in order to ensure enforcement efforts remain focused on criminal aliens, particularly those who pose the greatest risk to public safety and community.
- Strengthened the 287(g) basic training course and created a new refresher training course, providing detailed instruction on the terms and requirements of the MOA and the responsibilities of a 287(g) officer.
- Deployed additional supervisors to the field to ensure greater oversight over 287(g) operations.
- Established an Internal Advisory Committee, which includes the DHS CRCL, to review and assess ICE field office recommendations about pending 287(g) applications.
The Revised 287(g) MOA
- After extensive coordination between several ICE components to include ERO, Homeland Security Investigations, Office of the Principal Legal Advisor, Office of Professional Responsibility (OPR), Office of Policy, Office of Privacy, and the DHS CRCL, and with consideration given to recommendations made by OIG in their published report, OIG-11-19, The Performance of 287(g) Agreements FY 2011 Update, a new version of the MOA was created and approved in 2013.
- This updated document will ensure clarity, consistency and uniformity with current ICE policies and procedures and includes enhancements to the previous MOA relating to:
- training requirements;
- the OPR inspection review process;
- program supervision;
- ICE’s civil immigration enforcement priorities;
- civil rights standards;
- complaint procedures;
- release of information to the media;
- the credentialing process;
- statistical reporting requirements.
Oversight and Supervision
- ICE has increased its human capital resources to enhance 287(g) program's mission and objectives and implemented national training programs for ICE field personnel and Law Enforcement Agency (LEA) personnel.
- ERO announced 12 full time oversight positions that were filled in FY 2011.
- By working together, local and federal officers can better identify and remove criminal aliens – a tremendous benefit to public safety.
- One of the biggest benefits to our 287(g) partners is that they are able to better identify individuals in custody.
- Racial profiling is simply not something that will be tolerated, and any indication of racial profiling will be treated with the utmost scrutiny and fully investigated. If any proof of racial profiling is uncovered, that specific officer or department could have their authority and/or agreement rescinded.
- In addition to the training these officers receive from their local departments, the 287(g) training includes coursework on multicultural communication and the avoidance of racial profiling.
287(g) Training Programs
- Prior to being delegated ICE immigration authority, selected state and local officers must attend and successfully complete ICE’s basic immigration authority training.
- The basic training program is four weeks in duration and includes coursework in immigration law, the use of ICE databases, multi-cultural communication and the avoidance of racial profiling.
- ICE continues to review, assess and improve the existing 287(g) basic course as well as the 287(g) refresher course to address issue areas identified in the OIG report through coordination with internal and external stakeholders.
- The basic and refresher training is conducted at the Federal Law Enforcement Training Center's Charleston, South Carolina campus.