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Local Enforcement - 287(g)

Overview

The Immigration and Nationality Act of 1996 added the 287(g) provision that allows the Department of Homeland Security to enter into contracts with state and local law enforcement agencies. The provision provides training for local officers who will help enforce immigration law under the supervision of U.S. Immigration and Customs Enforcement. As of August 2008, there were 63 local municipalities that were part of the 287(g) program.

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Update

54 Members of Congress Express Support for 287(g)

Rep. Lamar Smith

Rep. Lamar Smith

Fifty-four Members of Congress signed a letter to Pres. Barack Obama expressing their support for the 287(g) program. The letter comes days after the Obama administration implemented limits on state and local law enforcement agencies who participate in the 287(g) program.

According to the letter:

 

 

The 287(g) program, whether through jail intake, task force or other operational models, is effective and has been used by jurisdictions across the United States to help reduce crime and illegal immigration. U.S. Immigration and Customs Enforcement’s (ICE) own website states ‘[T]he 287(g) program has emerged as one of the agency’s most successful and popular partnership initiatives as more state and local leaders have come to understand how a shared approach to immigration enforcement can benefit their communities.’ It allows law enforcement officials direct access to the information needed, and the authority, to issue detainers and hold an illegal immigrant until ICE is available to transport the individual to a detention facility.

According to ICE statistics, ‘[S]ince January 2006, the 287(g) program is credited with identifying more than 130,000 potentially removable aliens – mostly at local jails. More than 1075 officers have been trained and certified through the program....’ The number of participating jurisdictions, currently at 57, has been as high as 67. Participants include local police departments, county sheriffs’ offices, state departments of corrections and state departments of public safety.

In a release from Rep. Lamar Smith (R-Texas) who serves as the ranking member on the House Judiciary Committee, Smith said:

The Obama administration should not politicize this highly effective immigration enforcement and public safety program. Thanks to the 287(g) program, thousands of illegal immigrants that are identified in jails and through task force operations are being identified and deported.

Claims that the program was supposed to focus only on ‘serious’ crimes are false. The program was created to let state and local law enforcement officials help enforce all immigration laws, not just a select few. One of the most effective things we can do to prevent illegal immigrant crimes in the first place is to deport illegal immigrants before they’ve committed one, whether they are identified in jails or by law enforcement task forces.

The open borders crowd doesn’t like the 287(g) program because it is working -- thousands of illegal immigrants are being identified and deported. It is so popular that the Department of Homeland Security rejected dozens of applications due to funding shortfalls in the last few years.

Local law enforcement agencies deserve our thanks for helping to remove illegal immigrants from our communities before they threaten American lives and property. The Obama administration should not limit local agencies’ ability to help enforce our nation’s laws.

The full letter can be viewed on the Republican House Judiciary Committee's website.

Publications

SC County’s Innovative Business Auditing Program Curbs Illegal Employment

Articles - Tuesday, January 13, 2009

Beaufort County has made great strides in creating a lawful employment environment in the South Carolina Low Country by implementing a creative and pioneering auditing program to help local businesses achieve compliance with immigration laws while exposing problems with fraudulent documents that enable illegal workers to get jobs. The effectiveness of this effort is further enhanced by strong state laws on illegal hiring and the county’s participation in the 287(g) program. These enable local law enforcement agencies to prosecute violators and have illegal workers removed. Local officials report signs that the illegal alien population in Beaufort County has been noticeably reduced.

By Jessica Vaughan - Center for Immigration Studies

http://www.cis.org/vaughan/SCCoBusinessAuditing

Polls

61% of voters in Arizona approve Arpaio's job approach

Support Tougher Enforcement - Wednesday, October 28, 2009

Sixty-one percent of Arizona voters approve of the job that Sheriff Joe Arpaio is doing in Maricopa County. Sixty percent disagreed with the federal governments decision to restrict Arpaio's immigration enforcement efforts.

Arizona State University and Channel 8 (KAET)

http://www.azcentral.com/news/articles/2009/10/28/20091028bigbrother1028side.html

In the News

Feds' target Arpaio, jeopardize us

Quoted - Saturday, October 24, 2009

State and local involvement in immigration-law enforcement is essential these days, as foreign nationals bent on terrorism remain a looming threat, as Mexican drug cartels and other international crime syndicates extend their reach into American communities, and as illegal workers increasingly resort to identity fraud to stay employed in scarce jobs.

By utilizing immigration-law-enforcement tools in connection with local crime-suppression operations in Maricopa County, Sheriff Joe Arpaio has been keeping us all safer.

By Jessica M. Vaughn and James R. Edwards -- Arizona Republic Op-Ed

http://www.azcentral.com/arizonarepublic/viewpoints/articles/2009/10/24/20091024vaughn25.html

"Toughest Sheriff in America" Stripped of ICE Agent Status

Quoted - Monday, October 5, 2009

In response to the news, NumbersUSA Vice President of Government Relations Rosemary Jenks said Monday afternoon, "State and local law enforcement officers have the inherent authority to enforce all the laws of our land, including immigration laws, with or without 287(g) agreements ... society as a whole benefits if officers have the training they need to identify immigration violators wherever they may encounter them ... NumbersUSA will continue to encourage state and local law enforcement officers to use their inherent authority and their common sense to enforce our immigration laws."

By Dawn Teo -- Huffington Post

http://www.huffingtonpost.com/dawn-teo/toughest-sheriff-in-ameri_b_310314.html

Group expresses support for 287 (g) program

Quoted - Thursday, October 1, 2009

Hvidston said We the People, California Crusaders is a San Bernardino County group which works peacefully within the political system and is affiliated with Numbers USA, a national group which seeks to limit illegal immigration.

“We target institutions which are the real culprits behind people who are in our country illegally,” she said.

Fontana (CA) Herald News

http://www.fontanaheraldnews.com/articles/2009/10/01/news/doc4ac41f98bb053839796558.txt

In Houston, local sheriffs round up illegals

In the News - Thursday, November 12, 2009

While Sheriff Joe Arpaio in Phoenix gets all the media attention for his crackdown on illegal immigrants, eight deputies in an unremarkable office at the Harris County Jail are posting similar numbers for deportation -- and doing so without controversy.

Working two per shift, the deputies refer roughly 1,000 suspected illegal immigrants to federal Immigrations and Customs Enforcement (ICE) authorities every month, helping to make the Southern District of Texas by far the busiest in the nation for illegal-immigration prosecutions.

By Peter Barnes -- Washington Times

http://www.washingtontimes.com/news/2009/nov/12/team-of-8-deputies-quietly-rounds-up-illegals/

Immigration foes pledge new bill, voter initiative

In the News - Thursday, October 22, 2009

Accusing the federal government of hampering local attempts to combat illegal immigration, state Sen. Russell Pearce, Maricopa County Sheriff Joe Arpaio and some of Arizona's most hawkish public figures on border security pledged on Wednesday to redouble their efforts with new legislation and a citizens initiative.

By Matthew Benson -- The Arizona Republic

http://www.azcentral.com/arizonarepublic/local/articles/2009/10/22/20091022immigration-initiative1022.html

'Toughest sheriff' vows face-off with feds over illegals

In the News - Wednesday, October 14, 2009

The man who likes to call himself "America's toughest sheriff," Joe Arpaio of Maricopa County, Ariz., is planning a Friday showdown with the feds.

The sheriff has announced he will defy the U.S. Department of Homeland Security by doing a street sweep for illegal immigrants one day after the expiration of the agreement that has permitted him to conduct such operations for the past three years. The sheriff has said he expects the deal not to be extended, though federal officials have remained publicly noncommittal.

By Rebecca Larsen -- Wahington Times

http://www.washingtontimes.com/news/2009/oct/14/toughest-sheriff-vows-fed-face-off-over-illegals/?feat=home_cube_position1

Pr. William, Loudoun Weigh Staying in U.S. Immigration Program

In the News - Thursday, August 27, 2009

Law enforcement agencies in two Northern Virginia suburbs are reviewing sweeping changes to a federal illegal immigration program before deciding whether to remain involved.

Officials with the Prince William County Police Department and the Loudoun County Sheriff's Office said they were reviewing planned changes in their immigration enforcement partnerships with the Department of Homeland Security, known as the 287(g) program.

By Derek Kravitz -- Washington Post

http://www.washingtonpost.com/wp-dyn/content/article/2009/08/25/AR2009082502943.html

Goddard backs changes to immigration raids

In the News - Thursday, July 16, 2009

Arizona Attorney General Terry Goddard said Thursday he supports changes to federal immigration polices on local police raids.

The changes could impact Maricopa County Sheriff Joe Arpaio’s enforcement efforts, including raids on drop houses and businesses, conducted under a federal pact signed in April 2007.

Arpaio said, however, he will continue to conduct raids and crime sweeps under state immigration laws aimed at businesses that hire undocumented workers and the smuggling of illegal immigrants into the U.S.

by Mike Sunnucks -- Phoenix Business Journal

http://www.bizjournals.com/phoenix/stories/2009/07/13/daily62.html

Illegal immigrants netted by local police could be released

In the News - Tuesday, June 23, 2009

Some undocumented immigrants swept up on minor charges such as fishing without a license won’t face federal detention. Instead, they’ll be released on their own recognizance under an Obama administration directive to a Nashville, Tenn., sheriff who charged 6,000 people with immigration crimes over the past 2-1/2 years.

The “release on recognizance” order by Immigration and Customs Enforcement – a branch of the US Department of Homeland Security – could affect at least some of the 66 US law enforcement jurisdictions that are part of a controversial program which, in essence, deputizes local police to act as de facto immigration agents.

By Patrik Jonsson -- Christian Science Monitor

http://features.csmonitor.com/politics/2009/06/23/illegal-immigrants-netted-by-local-police-could-be-released/

Expansion of immigration enforcement could affect Prince William crackdown

In the News - Tuesday, June 16, 2009

A new immigration enforcement program from the federal government effectively could eliminate Prince William County’s crackdown on illegal immigrants, experts say.

Immigration and Customs Enforcement is planning to make the program, known as Secure Communities, available to all 1,200 of the country’s state and federal prisons and 3,100 local jails by the end of 2012.

By David Sherfinski -- Washington Examiner

http://www.washingtonexaminer.com/local/Expansion-of-immigration-enforcement-could-affect-Prince-William-crackdown-48200917.html

3 California counties will check immigration status as inmates enter jail

In the News - Thursday, May 14, 2009

"Los Angeles, Ventura and San Diego will become the first counties in California to begin checking the immigration status of all inmates booked into jail as part of a national effort to identify and deport more illegal immigrants with criminal records.

Law enforcement officials in the three counties will begin running inmates' fingerprints through federal databases this month to see if they have had any contact with the immigration system. Immigration officials will place holds on those believed to be in the country illegally. Once the inmates have finished serving their sentences, they will be transferred to immigration custody for possible deportation...."

Anna Gorman, LA Times, 14 May 2009

http://www.latimes.com/news/local/la-me-immigjail14-2009may14,0,7781561.story

Missouri lawmakers vote to reject federal Real ID Act

In the News - Wednesday, May 13, 2009

"Missouri lawmakers on Wednesday voted to direct the Department of Revenue to not comply with federal driver’s license requirements.

The federal Real ID Act, passed in 2005, requires states to collect and verify certain information about applicants for driver’s licenses and state ID cards. It was passed in response to national security concerns after the Sept. 11 terrorist attacks.

But some Missouri lawmakers argue Real ID is an unwelcome intrusion into privacy and requires several new technologies that could increase the risk of identity theft...."

Lee Logan, AP, 13 May 2009

http://www.kansascity.com/news/breaking_news/story/1195917.html

Frederick (Md.) Moves Into Forefront of Immigration Enforcement

In the News - Friday, May 1, 2009

National attention and heavy political criticism aren't burdens that quiet, rural Frederick County often has to bear.

Yet the county is becoming notorious as Maryland's most aggressive combatant in the widespread struggle over immigration enforcement.

By Megan Miller -- Southern Maryland Online

http://somd.com/news/headlines/2009/9927.shtml