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Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act

Fact Sheet

U.S. Immigration and Customs Enforcement (ICE), the largest investigative agency in the Department of Homeland Security, is responsible for enforcing federal immigration laws as part of its homeland security mission. ICE works closely with federal, state and local law enforcement partners in this mission. The 287(g) program, one of ICE's top partnership initiatives, allows a state or local law enforcement entity to enter into a partnership with ICE, under a joint Memorandum of Agreement (MOA), in order to receive delegated authority for immigration enforcement within their jurisdictions.

287(g) Revisions: Updated Facts

In 2009, ICE revised the 287(g) delegated authority program, strengthening public safety and ensuring consistency in immigration enforcement across the country by prioritizing the arrest and detention of criminal aliens. (read more)

History of 287(g)

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act. This authorizes the Director of ICE to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, provided that the local law enforcement officers receive appropriate training and function under the supervision of ICE officers.

Memorandum of Agreement

The MOA defines the scope and limitations of the delegation of authority. It also establishes the supervisory structure for the designated immigration officers working under the cross-designation and prescribes the agreed upon complaint process governing officer conduct during the life of the MOA. Under the statute, ICE will supervise all cross-designated officers when they exercise their immigration authorities. The agreement must be signed by the Executive Associate Director for Enforcement and Removal Operations, and the governor, a senior political entity or the head of the local agency before trained local designated immigration officers are authorized to enforce immigration law.

Officer Selection Requirements

Participating officers in the 287(g) program must meet the following requirements:

  • U.S. citizenship
  • Current background investigation completed
  • Minimum one year of experience in current position
  • No disciplinary actions pending

Training Requirements

ICE provides a four-week basic training program and a one-week refresher training program (completed every two years) conducted by certified instructors at the Federal Law Enforcement Training Center (FLETC) ICE Academy (ICEA) in Charleston, SC.

287(g) Results and Participating Entities

Currently, ICE has 287(g) agreements with 32 law enforcement agencies in 16 states. From January 2006 through September 30, 2015, the 287(g) program is credited with identifying more than 402,079 potentially removable aliens - mostly at local jails. ICE has trained and certified more than 1,675 state and local officers to enforce immigration law.

Mutually Signed Agreements
STATE LAW ENFORCEMENT AGENCY SUPPORT TYPE DATES SIGNED MOA
ALABAMA Etowah County Sheriff's Office Jail Enforcement 2016-06-08 link
ARIZONA Arizona Department of Corrections Jail Enforcement 2016-06-08 link
ARIZONA City of Mesa Police Department Jail Enforcement 2016-06-23 link
ARIZONA Pinal County Sheriff's Office Jail Enforcement 2016-06-13 link
ARIZONA Yavapai County Sheriff's Office Jail Enforcement 2016-06-08 link
ARKANSAS Benton County Sheriff's Office Jail Enforcement 2016-06-13 link
ARKANSAS Washington County Sheriff's Office Jail Enforcement 2016-06-23 link
CALIFORNIA Orange County Sheriff's Office Jail Enforcement 2016-06-23 link
FLORIDA Collier County Sheriff's Office Jail Enforcement 2016-06-13 link
FLORIDA Jacksonville Sheriff's Office Jail Enforcement 2016-06-30 link
GEORGIA Cobb County Sheriff's Office Jail Enforcement 2016-06-30 link
GEORGIA Gwinnett County Sheriff's Office Jail Enforcement 2016-06-30 link
GEORGIA Hall County Sheriff's Office Jail Enforcement 2016-06-23 link
GEORGIA Whitfield County Sheriff's Office Jail Enforcement 2016-06-08 link
MARYLAND Frederick County Sheriff's Office Jail Enforcement 2013-06-28 link
MARYLAND Hartford County Sheriff's Office Jail Enforcement 2016-10-26 link
MASSACHUSETTS Massachusetts Department of Corrections Jail Enforcement 2016-06-23 link
NEVADA Las Vegas Metropolitan Police Department Jail Enforcement 2016-06-28 link
NEW JERSEY Hudson County Department of Corrections Jail Enforcement 2013-06-28 link
NEW JERSEY Monmouth County Sheriff's Office Jail Enforcement 2016-06-08 link
NORTH CAROLINA Cabarrus County Sheriff's Office Jail Enforcement 2016-06-28 link
NORTH CAROLINA Gaston County Sheriff's Office Jail Enforcement 2016-06-30 link
NORTH CAROLINA Henderson County Sheriff's Office Jail Enforcement 2013-06-28 link
NORTH CAROLINA Mecklenburg County Sheriff's Office Jail Enforcement 2013-12-30 link
NORTH CAROLINA Wake County Sheriff's Office Jail Enforcement 2016-06-08 link
OHIO Butler County Sheriff's Office Jail Enforcement 2016-09-30 link
OKLAHOMA Tulsa County Sheriff's Office Jail Enforcement 2016-06-23 link
SOUTH CAROLINA Charleston County Sheriff's Office Jail Enforcement 2016-06-23 link
SOUTH CAROLINA Lexington County Sheriff's Office Jail Enforcement 2013-07-30 link
SOUTH CAROLINA York County Sheriff's Office Jail Enforcement 2016-06-28 link
TEXAS Carrollton Police Department Jail Enforcement 2016-06-13 link
TEXAS Harris County Sheriff's Office Jail Enforcement 2016-06-28 link
VIRGINIA Prince William-Manassas Regional Adult Detention Center Jail Enforcement 2016-06-23 link