WASHINGTON – An Ecuadorian national charged with assault and battery on a pregnant victim and strangulation/suffocation, and a Trinidad and Tobago national convicted of capital sexual battery and lewd and lascivious molestation, are two of the most egregious cases of detainers placed in August by local law enforcement officials with delegated 287(g) authority from U.S. Immigration and Customs Enforcement (ICE), as detailed 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.
ICE’s 287(g) reports 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 August report highlights action taken in cases involving significant threats to public safety:
- Texas – On August 26, 2020, the Montgomery County Sheriff’s Office 287(g) Program encountered a citizen of Mexico charged with murder/homicide -1st degree felony and placed an immigration detainer and warrant on the subject. The subject entered the United States on an unknown date and location without inspection.
- South Carolina – On August 31, 2020, the Lexington County Sheriff’s Office 287(g) Program encountered a citizen of Guatemala charged with kidnapping and sex/criminal sexual conduct with a minor under 11 years old, first degree and placed an immigration detainer and warrant on the subject. The subject last entered the United States on an unknown date and location after having been previously removed.
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 77 jail enforcement model agreements in 21 states and 73 warrant service officer model agreements in 11 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.