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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

Immigration Enforcement Activist Defends Revised 287(g) Program

DA King, president of the Dustin Inman Society in Georgia, is encouraging local law enforcement to continue partnerships with the Department of Homeland Security despite the department's recent effort to weaken the program. DHS announced a few months ago that they were restructuring all active contracts, which as a result, would take some enforcement powers away from local police.

The most publicized example of the new DHS policy impacted Arizona's Maricopa County Sheriff's Office and the embattled Sheriff Joe Arpaio. The County Sheriff's Office is no longer empowered with making field arrests, but can still check immigration status in county jails. While many pro-287(g) groups slammed DHS for the move, DA King is telling them to calm down.

In a blog posted on the website for the Dustin Inman Society, DA King wrote...

While the outrage and concern over the changes in the 287 (g) agreement between Arizona sheriff Joe Arpaio and the DHS is certainly understandable, it seems that reports of 287 g’s demise in Maricopa County - and the nation - are premature.

It is true that many interested parties are trying to kill 287 (g) - you can see a recent letter to the president HERE -, but it is not as bad as it may seem. Pro-enforcement Americans should all calm down a little.

Arpaio has not lost his ability to use the 287(g) section of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act.

What has happened is that in addition to altering and standardizing all 287 (g) agreements with local law enforcement, DHS has eliminated Arpaio’s authorization to use 287 (g) trained deputies on the street.

The Maricopa sheriff’s office can continue use of the valuable federal 287 g authority and database to screen non-citizens for immigration status who are charged with local crimes and are brought into his jail.

The New York Times article on Maricopa County reported that of the 33,000 immigration referals made by the county in the last two years, only 300 came from field arrests. The rest were made through immigration checks at the jail.

King writes that this is the case with the majority of 287(g) programs.

In most cases, having been incarcerated, the illegal’s fingerprints are now on file with law enforcement. Even if the local charges do not result in deportation, having become known to law enforcement and fingerprinted serves as a very strong deterrent for the illegals to remain in the community using 287 (g).

King further argues that the 287(g) program will remain effective because of the criticism it still receives from 287(g) opponents. The ACLU issued a press release entitled "ICE Should Terminate Maricopa County 287(g) Agreement Scaling Back Sheriff Arpaio's Immigration Enforcement Authority Does Not Go Far Enough, Says ACLU."

Their objections rest mainly on two points. One that 287 (g) somehow results in "racial profiling." They are ever hopeful that the general public will not realize that all non citizens are screened for immigration status after have been charged with local crimes.

The other is that local enforcement of American immigration laws somehow "makes the community less safe."

King shows, however, that the ACLU's claims are wrong. In a 287(g) test conducted in Gwinnett County Georgia who recently signed a 287(g) agreement, DHS screened inmates for 26 days. They found 900 inmates were in the country illegally, and more than half had prior criminal records. They found 13 who had previously been charged with murder, 11 charged with kidnapping, 15 charged with rape and 23 charged with child molestation. The Atlanta Journal-Constitution provided a more detailed report.

While 287 (g) is saving American lives and jobs, what we are proving nationwide is quite simple: Enforcement works.

-- DA King

 

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

Gwinnett Sheriff Lauds Success of 287G

In the News - Wednesday, December 30, 2009

The word appears to be getting out in Gwinnett County: If you're an illegal immigrant, don't get arrested. Because if you do, you could be shipped out of the United States.

The Gwinnett County Sheriff's Department has fewer inmates in its jail than at any other time in Sheriff Butch Conway's 13 years on the job.

By Justin Gray -- MyFOX Atlanta

http://www.myfoxatlanta.com/dpp/news/gwinnett-sheriff-lauds-success-of-287g-123009

Local Enforcement of Immigration Rules Wins Praise

In the News - Saturday, November 21, 2009

"The folks from ICE, I needed them for resources," McLhinney said. "But they needed me in the community because I was there for 28 years and I knew the crime problems."

"For local law enforcement not to be involved in enforcing illegal immigration ties their hands," McLhinney said, and he added that the wrong message is sent when police officers are told to enforce some laws, but not others.

By Tina Irgang -- SouthernMaryland.com

http://somd.com/news/headlines/2009/10844.shtml

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