WASHINGTON – A Bosnia-Herzegovina national with a conviction for intent to distribute a controlled substance and a Mexican citizen charged with burglary, sexual battery and attempted rape are two of the most egregious cases of detainers placed in July by local law enforcement officials with delegated 287(g) authority from U.S. Immigration and Customs Enforcement (ICE), 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.
The 287(g) reports, which ICE began publishing in October, detail examples of enforcement actions made as a direct result of the cooperation agreements between state and local law enforcement partners and the federal agency.
The July report includes significant threats to public safety:
- Georgia – On July 1, 2020, the Georgia Department of Corrections 287(g) Program encountered a citizen of Bosnia-Herzegovina convicted of possession of a controlled substance with intent to distribute and placed an immigration detainer and warrant on the subject. The subject has previous convictions for controlled substance and burglary. The subject is currently a lawful permanent resident.
- Oklahoma – On July 27, 2020, the Tulsa County Sheriff’s Office 287(g) Program encountered a citizen of Mexico charged with 1st degree burglary, sexual battery, and 1st degree rape-attempted and placed an immigration detainer and warrant on the subject. The subject entered the United States on an unknown date and location without inspection.
In fiscal year (FY) 2019, the 287(g) program resulted in almost 25,000 law enforcement encounters with aliens in the custody of participating jurisdictions.
Under the 287(g) program, ICE has 75 jail enforcement model agreements in 21 states and 71 warrant service officer model agreements in 10 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 the training requirements, the terms of ICE supervision, and requires the partnering law enforcement agency 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.