Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act

U.S. Immigration and Customs Enforcement (ICE), the largest investigative agency in the Department of Homeland Security, is responsible for enforcing federal immigration laws as part of its homeland security mission. ICE works closely with federal, state and local law enforcement partners in this mission. The 287(g) program, one of ICE's top partnership initiatives, allows a state or local law enforcement entity to enter into a partnership with ICE, under a joint Memorandum of Agreement (MOA), in order to receive delegated authority for immigration enforcement within their jurisdictions.

287(g) Revisions: Updated Facts

In 2009, ICE revised the 287(g) delegated authority program, strengthening public safety and ensuring consistency in immigration enforcement across the country by prioritizing the arrest and detention of criminal aliens. (read more)

History of 287(g)

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act. This authorizes the Director of ICE to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, provided that the local law enforcement officers receive appropriate training and function under the supervision of ICE officers.

Memorandum of Agreement

The MOA defines the scope and limitations of the delegation of authority. It also establishes the supervisory structure for the designated immigration officers working under the cross-designation and prescribes the agreed upon complaint process governing officer conduct during the life of the MOA. Under the statute, ICE will supervise all cross-designated officers when they exercise their immigration authorities. The agreement must be signed by the Executive Associate Director for Enforcement and Removal Operations, and the governor, a senior political entity or the head of the local agency before trained local designated immigration officers are authorized to enforce immigration law.

Officer Selection Requirements

Participating officers in the 287(g) program must meet the following requirements:

• U.S. citizenship
• Current background investigation completed
• Experience in current position
• No disciplinary actions pending

Training Requirements

ICE provides a four-week basic training program and a one-week refresher training program (completed every two years) conducted by certified instructors at the Federal Law Enforcement Training Center (FLETC) ICE Academy (ICEA) in Charleston, SC.

287(g) Results and Participating Entities

Currently, ICE has 287(g) agreements with 60 law enforcement agencies in 18 states. ICE has trained and certified more than 1,822 state and local officers to enforce immigration law.