Section 287(g) of the Immigration and Nationality Act

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), effective September 30, 1996, added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act (INA).  This authorizes the secretary of the U.S. Department of Homeland Security (DHS) to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers.
The cross-designation between ICE and state and local patrol officers, detectives, investigators and correctional officers working in conjunction with ICE allows these local and state officers:  necessary resources and latitude to pursue investigations relating to violent crimes, human smuggling, gang/organized crime activity, sexual-related offenses, narcotics smuggling and money laundering; and increased resources and support in more remote geographical locations.

Training Requirements

ICE offers two training programs including a five-week program for field level law enforcement officers and a four-week program for correctional personnel.  The U.S. Immigration and Customs Enforcement Academy sets standards and testing. Certified instructors conduct the training.
287 (g) Facts

• The program is credited for identifying more than 50,000 (since FY 2006) individuals, mostly in jails, who are suspected of being in the country illegally.
• There are currently 47 active 287(g) MOA’s
• Nearly 700 officers have been trained and certified thru the 287(g) program
• There are more than 90 pending requests (as of 4-28-08)

A Law Enforcement Partnership

ICE ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) provides local law enforcement agencies an opportunity to team with ICE to combat specific challenges in their communities.
The 287(g) program is only one component under the ICE ACCESS umbrella of services and programs offered for assistance to local law enforcement officers.
ICE developed the ACCESS program in response to the widespread interest from local law enforcement agencies who have requested ICE assistance through the 287(g) program, which trains local officers to enforce immigration law as authorized through section 287(g) of the Immigration and Nationality Act.
Terrorism and criminal activity are most effectively combated through a multi-agency/multi-authority approach that encompasses federal, state and local resources, skills and expertise.  State and local law enforcement play a critical role in protecting our homeland because they are often the first responders on the scene when there is an incident or attack against the United States.  During the course of daily duties, they will often encounter foreign-born criminals and immigration violators who pose a threat to national security or public safety.