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1 1 (August 12, 2021)

handle is hein.crs/goveeib0001 and id is 1 raw text is: flf() irioh j~j%~ e ~ ' 4 9 August 12,2021 The 287(g) Program: State and Local Immigration Enforcement Section 287(g) of the Immigration and Nationality Act (INA), codified in 8 U.S.C. § 1357(g), permits the delegation of certain immigration enforcement functions to state andlocallaw enforcement agencies. Agreements entered pursuant to INA §287(g) (commonly referred to as §287(g) agreements) enable specially trained state or local officers to performspecific functions relating to the investigation, apprehension, or detention of noncitizens during a predetermined time frame and under federal oversight by the Department of Homeland Security's (DHS's) Immigration and Customs Enforcement (ICE). Although § 287(g) agreements were authorized as part of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (P.L.104-208, Division C, IIRIRA), the first §287(g) agreement was implementedin 2002 afterthe law was given new urgency following the terrorist attacks on September 11, 2001. The number of state and locallaw enforcement agencies (LEAs) with § 287(g) agreements increased to 72in 2011 before declining to 35by the end of the Obama Administration. In 2017, President Trump is sued Executive Orders 13767 and 13768 directing executive agencies to encouragemaximum participation of LEAs in the 287(g) program. During the Trump Administration, fromJanuary 2017 until September 2020, the number of LEAs with § 287(g) agreements increased by more than 300%, from 35 to 150. Memorandum of Agreement To participate in the program, LEAs must contact their localICE Enforcement and Removals Office (ERO) and apply. They are to be evaluated on their available resouces, their record on civil rights and liberties, and their capacity to be a force multiplier (e.g., ICE reviews data to s ee the likelihood of the LEA encountering potentially removable individuals). They must sign a Memorandumof Agreement (MOA) that defines the scope and terms of the partnership, including training requirements, supervision requirements, delegation of authority, and durationof the agreement. The agreement can be terminatedby eitherparty at any time. After it expires, there is no legal obligation to renew it. While each MOA is individually negotiated between ICE and the LEA, there has been an effort to standardize and improve these agreements. In 2009, ICE created a new MOA template and renegotiated allexisting MOAs. In 2013 and 2016, the template was revised to increase oversight and better align with current ICE polices. §287(g) Models Currently there are two types ormodels of §287(g) agreements for which a locality can apply: the Jail Enforcement Model (JEM) and the Warrant Service Officer (WSO) model. These models have different resource and oversight requirements that help determine which modelis the best fit for a specific locality. The JEM, implemented in 2005, allows certain trained and authorized state and local law enforcementofficers to performspecific immigration enforcement functions, as outlined in their MOA. These LEA-affiliated Designated Immigration Officers (DIOs) must complete a four-week training programin Charleston, SC, and a one-week refresher training every two years. After the four-week training, they are authorized to identify noncitizens akready arrested and booked into the LEA facility who have criminal convictions orpending criminal charges. They are to identify these removable noncitizens by interviewing themand screening their biographic information against DHS databases. They can then is sue detainers, serve warrants, andprepare documents for removalproceedings. The WSO model, first implemented in 2019, is narrower in scope than the JEM. WSOs are limited to executing administrative warrants for civilimmigration violations to designated noncitizens incarcerated in their LEA facility who have already been identified by ICE as being potentially removable. They do not interview individuals regarding their citizenship and removability. They undergo one day of training, either at a local site or online. The W SO programis suitable forjuris dictions that lack the budget orpersonnel needed to participate in the JEM programor whose ability to cooperate with ICEis limited by state or localpolicies. Each model provides different benefits to ICE. JEM participants are s een as a force multiplier that taps into LFA personnelto increase ICE's ability to identify and process removable noncitizens. W SO p articip ants reduce the time ICE deportation officers spend traveling to serve warrants by giving that authority to localofficers. There are two previously us ed but now dis continued models for the 287(g) program the Task Force Model and the Hybrid Model. The Task Force Model allowed DIOs who encountered suspected noncitizens in the course of their daily activities to question and arrest individuals they believe violated immigration law. DIOs were able to issue ICE detainers, arrest warrants, and search warrants, as well as inquire into individuals' immigration status. The Hybrid Model combined the JEM and Task Force Models. The Ob ama Administration announced th atit would dis continue the Task Force Model and, thus, the Hybrid Model; the last of these agreements expired on December 31, 2012. Funding The 287(g) programis jointly funded by the federal government andparticipating state and localgovernments. Federal funds cover the cost of training LEA officers, IT infrastructure, programmanagement, and oversight. Figure ttps ://crs reps

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