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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)

ICE ACCESS: A Partnership Approach

The 287(g) program is one component of the ICE ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) program, which provides local law enforcement agencies an opportunity to team with ICE to combat specific challenges in their communities.

The 287(g) program is only one component under the ICE ACCESS umbrella of services and programs offered for assistance to local law enforcement officers.

ICE developed the ACCESS program in response to the widespread interest from local law enforcement agencies who have requested ICE assistance through the 287(g) program, which trains local officers to enforce immigration law as authorized through section 287(g) of the Immigration and Nationality Act. Terrorism and criminal activity are most effectively combated through a multi-agency/multi-authority approach that encompasses federal, state and local resources, skills and expertise.

State and local law enforcement play a critical role in protecting our homeland because they are often the first responders on the scene when there is an incident or attack against the United States. During the course of daily duties, they will often encounter foreign-born criminals and immigration violators who pose a threat to national security or public safety.

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, 2014, the 287(g) program is credited with identifying more than 373,800 potentially removable aliens — mostly at local jails. ICE has trained and certified more than 1,500 state and local officers to enforce immigration law.

Mutually Signed Agreements
ALABAMAEtowah County Sheriff's OfficeJAIL ENFORCEMENT2013-06-28link
ARIZONAArizona Department of CorrectionsJAIL ENFORCEMENT2013-09-26link
ARIZONACity of Mesa Police DepartmentJAIL ENFORCEMENT2013-06-28link
ARIZONAPinal County Sheriff's OfficeJAIL ENFORCEMENT2013-06-28link
ARIZONAYavapai County Sheriff's OfficeJAIL ENFORCEMENT2013-08-15link
ARKANSASBenton County Sheriff's OfficeJAIL ENFORCEMENT2013-06-28link
ARKANSASWashington County Sheriff's OfficeJAIL ENFORCEMENT2013-07-03link
CALIFORNIAOrange County Sheriff's OfficeJAIL ENFORCEMENT2014-03-11link
FLORIDACollier County Sheriff's OfficeJAIL ENFORCEMENT2013-06-28link
FLORIDAJacksonville Sheriff's OfficeJAIL ENFORCEMENT2013-06-28link
GEORGIACobb County Sheriff's OfficeJAIL ENFORCEMENT2013-06-27link
GEORGIAGwinnett County Sheriff's OfficeJAIL ENFORCEMENT2013-06-28link
GEORGIAHall County Sheriff's OfficeJAIL ENFORCEMENT2013-06-28link
GEORGIAWhitfield County Sheriff's OfficeJAIL ENFORCEMENT2013-06-27link
MARYLANDFrederick County Sheriff's OfficeJAIL ENFORCEMENT2013-06-28link
MASSACHUSETTSMassachusetts Department of CorrectionsJAIL ENFORCEMENT2014-04-22link
NEVADALas Vegas Metropolitan Police DepartmentJAIL ENFORCEMENT2013-06-28link
NEW JERSEYHudson County Department of CorrectionsJAIL ENFORCEMENT2013-06-28link
NEW JERSEYMonmouth County Sheriff's OfficeJAIL ENFORCEMENT2014-05-21link
NORTH CAROLINACabarrus County Sheriff's OfficeJAIL ENFORCEMENT2013-06-28link
NORTH CAROLINAGaston County Sheriff's OfficeJAIL ENFORCEMENT2013-06-28link
NORTH CAROLINAHenderson County Sheriff's OfficeJAIL ENFORCEMENT2013-06-28link
NORTH CAROLINAMecklenburg County Sheriff's OfficeJAIL ENFORCEMENT2013-12-30link
NORTH CAROLINAWake County Sheriff's OfficeJAIL ENFORCEMENT2013-06-28link
OHIOButler County Sheriff's OfficeJAIL ENFORCEMENT2013-06-28link
OKLAHOMATulsa County Sheriff's OfficeJAIL ENFORCEMENT2013-06-28link
SOUTH CAROLINACharleston County Sheriff's OfficeJAIL ENFORCEMENT2013-06-28link
SOUTH CAROLINALexington County Sheriff's OfficeJAIL ENFORCEMENT2013-07-30link
SOUTH CAROLINAYork County Sheriff's OfficeJAIL ENFORCEMENT2013-06-28link
TEXASCarrollton Police DepartmentJAIL ENFORCEMENT2013-06-28link
TEXASHarris County Sheriff's OfficeJAIL ENFORCEMENT2013-11-04link
VIRGINIAPrince William-Manassas Regional Adult Detention CenterJAIL ENFORCEMENT2013-06-28link