287(g) – a force multiplier

The 287(g) program allows state and local police to identify illegal aliens during the course of their daily duties. 287(g) gets its name from Section 287(g) of the Immigration and Nationality Act that designates that authority. Congress added Section 287(g) as part of the Illegal Immigration Reform and Immigrant Responsibility Act in 1996. The program was mostly unused until after the terrorist attacks of September 11, 2001, when it was discovered that a number of the terrorists had previous contact with state and local authorities, but were let go despite being in the country illegally.

“Waiting until illegal immigrants commit criminal offenses before deporting them places U.S. citizens and legal immigrants in danger,” said former Congressman Lamar Smith, the chief sponsor of the 1996 bill. “Just ask any victim of crimes by illegal immigrants. America’s immigration laws apply to all illegal immigrants, not just those who have committed crimes.”

In 2011, NumbersUSA and a bi-partisan majority of representatives beat back an effort from then-representative Jared Polis (the current governor of Colorado) to fully defund 287(g) local enforcement. One year later, in December of 2012, the Obama administration ended 287(g) Task Force agreements shortly after President Obama had been re-elected. The Task Force agreements allowed designated officers to use immigration law tools in pursuing complex investigations in areas such as organized crime, human smuggling, drug trafficking and distribution, gangs, and document fraud. Two other 287(g) programs remain in existence today. Click here to see if your county participates.