287(g) Program

What It Means

The 287(g) program is named for INA section 287(g), added by the 1996 IIRIRA reforms, which authorizes the DHS Secretary to enter into written Memoranda of Agreement (MOAs) with state or local law enforcement agencies to deputize their officers to perform specified immigration officer functions. ICE administers the program through two primary models. The Jail Enforcement Model (JEM) allows trained correctional officers to identify and process removable noncitizens booked into local jails by accessing ICE databases and serving immigration detainers. The Warrant Service Officer (WSO) model, introduced in 2019, narrows the scope to executing administrative immigration warrants on individuals already in local custody. Earlier task force models that allowed 287(g) officers to conduct immigration enforcement in the field were discontinued in 2012 after scrutiny of racial profiling concerns highlighted in the DOJ's Maricopa County investigation. As of recent reporting, ICE has 287(g) agreements with roughly 130 to 150 participating agencies across more than 20 states, concentrated heavily in the Southeast. Participating officers receive a 4-week ICE training and operate under ICE supervision, though the day-to-day functions are performed by local personnel. The program has been politically contentious: proponents argue it force-multiplies interior enforcement, while critics (including many police chiefs) argue it undermines community trust, exposes jurisdictions to civil liability, and diverts local resources. Several states (including California and Illinois) and many counties have prohibited or restricted 287(g) participation through state law or local ordinance.

Frequently Asked Questions

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