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 titled "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 noncitizens.
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 noncitizens.
- Requires 287(g) officers to maintain comprehensive noncitizen arrest, detention, and removal data in order to ensure enforcement efforts remain focused on criminal noncitizens, particularly those who pose the greatest risk to public safety.
- 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 ensures 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 immigration enforcement priorities;
- civil rights standards;
- complaint procedures;
- release of information to the media;
- the credentialing process;
- statistical reporting requirements.
- The latest version of the MOA was approved in 2016.
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 currently has seven (7) National Program Managers in Washington, D.C. and twenty (20) Field Program Managers within close proximity to active MOAs, tasked with oversight and management.
- By working together, local and federal officers can better identify and remove criminal noncitizens – 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.
- The 287(g) program continues to receive overwhelmingly positive feedback from its partners.
- Our state and local law enforcement partners have become a force multiplier, allowing ICE to actively engage more officers/agents into ongoing enforcement operations nationwide that require increased manpower.
- 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 will 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 287(g) Immigration Authority Delegation Program (IADP), which is the 287(g) basic training course.
- 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. This training is conducted at Federal Law Enforcement Training Center – Charleston.
- Additionally, every two years, every 287(g) state and local officer must return to the Federal Law Enforcement Training Center in Charleston, SC and successfully complete Immigration Authority Delegation Refresher Training Program (IADRP).