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

U.S. Immigration and Customs Enforcement (ICE) 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 1) the Executive Associate Director of Enforcement and Removal Operations, or his delegate; and 2) depending on the jurisdiction,  a senior political entity within that jurisdiction, or the head of the local agency carrying out the designated immigration law enforcement functions, 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 78 law enforcement agencies in 20 states. ICE has trained and certified more than 1,514 state and local officers to enforce immigration law.

Complaint Process

Complaints regarding the 287(g) program will be accepted from any source to include law enforcement agencies (LEAs), participating LEA personnel, inmates, and the public. To report a 287(g) complaint please contact one of the following Department of Homeland Security (DHS) components:

• Telephonically to the DHS Office of the Inspector General (DHS OIG). Toll free number 1-800-323-8603; or
• Telephonically to the ICE Office of Professional Responsibility (OPR) at the Joint Intake Center (JIC) in Washington, D.C. Toll-free number 1-877-246-8253, or email Joint.Intake@dhs.gov; or
• Via mail as follows:

Department of Homeland Security
Immigration and Customs Enforcement
Office of Professional Responsibility
P.O. Box 14475
Pennsylvania Avenue NW
Washington D.C.  20044

A copy of the complaint will be forwarded to the DHS Office for Civil Rights and Civil Liberties (CRCL) Review and Compliance.