Section 287(g) of the Immigration and Nationality Act (INA) allows for the Secretary of Homeland Security to enter into agreements with State authorities and authorities from subdivisions of States on immigration enforcement. Under a joint Memorandum of Agreement (MOA), local authorities may be delegated authority by the Department of Homeland Security (DHS) to assist in immigration enforcement.

Section 287(g) was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The use of section 287(g) agreements was curtailed in the latter half of the Obama Administration, with only six new agreements being entered into from 2012-2016 [see blog]. However, on January 25, 2017, President Donald Trump issued two executive orders instructing the DHS to endeavor to enter into more section 287(g) agreements. This guidance was put into action by two implementing memoranda issued by then-Secretary of Homeland Security John Kelly on February 20, 2017 [see article]. Since Secretary Kelly’s memorandum, the DHS has increased its emphasis on section 287(g) agreements.

The DHS explains that in order for an officer to participate in the section 287(g) program, he or she must have [link]:

U.S. citizenship;
Had his or her background investigation completed;
Experience in current position; and
No pending disciplinary actions.

Participating officers go through four-week basic training programs provided by the U.S. Immigration and Customs Enforcement (ICE). They must subsequently complete one-week refresher training programs every two years.

As of August 1, 2017, the ICE has entered into 287(g) agreements with 60 law enforcement agencies in 18 states. The ICE has trained and certified “more than 1,822 state and local officers to enforce immigration law.” As of August 1, 2017, all 60 of the 287(g) agreements in effect “operate under a jail enforcement model.” This means that 287(g) screening activity takes place only for those aliens who are first arrested by local law enforcement on criminal charges and then brought to a jail facility [see blog].

The following is the list of 287(g) agreements in effect as of August 1, 2017. We will update the list periodically as the ICE announces new agreements.

Please see other articles we have written on recent news involving 287(g) agreements:

Harris County (Containing Houston, Texas) Opts Out of Section 287(g) Agreement [see blog]
ICE Enters Into 18 New 287(g) Agreements in Texas [see blog]