Gavin Howe
The enforcement of immigration laws by local law enforcement agencies in the United States has been a controversial topic. While the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 added Section 287(g) to the Immigration and Nationality Act, authorizing U.S. Immigration and Customs Enforcement (ICE) to delegate immigration officer functions to local law enforcement, concerns have been raised about racial profiling and the impact on relationships with immigrant communities. As of December 2024, ICE had 287(g) agreements with 135 state or local law enforcement agencies, and President Trump's stricter orders have prompted counties like St. Lucie to further enforce immigration laws. This raises the question: can a county sheriff deputy enforce immigration law, and what are the implications?
| Characteristics | Values |
|---|---|
| Can county sheriff deputies enforce immigration law? | Yes, under the 287(g) program, county sheriff deputies can enforce immigration law. |
| Who can participate in the 287(g) program? | Only Law Enforcement Agencies (LEAs) can participate in the 287(g) program. |
| Requirements for participation | LEAs must sign a Memorandum of Agreement (MOA) with ICE, and nominate officers who are U.S. citizens, have passed a background check, and have knowledge of law enforcement activities in their jurisdiction. |
| Supervision | All immigration enforcement activities must be supervised and directed by ICE special agents. |
| Reporting | Arrests made under the 287(g) program must be reported to ICE within 24 hours and reviewed by an ICE special agent to ensure compliance with immigration laws. |
| Impact on community relations | There are concerns that deputizing local law enforcement to enforce immigration laws may damage relationships with immigrant communities and lead to racial profiling. |
| Benefits | The 287(g) program enhances the safety and security of communities by allowing local law enforcement to identify and remove criminal aliens. |
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What You'll Learn
The 287(g) Program
To participate in the 287(g) Program, law enforcement agencies (LEAs) must sign a Memorandum of Agreement (MOA) with ICE. The LEAs then nominate officers who meet specific requirements, including U.S. citizenship, a successful background investigation, and relevant law enforcement experience. These nominees receive training in immigration duties at ICE's expense.
There are three primary models of the 287(g) Program: the Jail Enforcement Model (JEM), the Task Force Model (TFM), and the Warrant Service Officer (WSO) program. The JEM identifies and processes removable aliens arrested by state or local law enforcement. The TFM serves as a force multiplier for law enforcement agencies to enforce limited immigration authority under ICE oversight during routine police duties. The WSO program authorizes state and local law enforcement officers to serve and execute administrative warrants on aliens in their agency's jail.
As of April 4, 2025, ICE had signed 444 Memorandums of Agreement for 287(g) programs, covering 38 states and various models. However, the program has faced criticism for its impact on immigrants and police-community relations, with concerns about racial profiling, civil rights violations, and the isolation of immigrant communities.
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The Warrant Service Officer program
The Warrant Service Officer (WSO) program is a collaborative program launched by the US Immigration and Customs Enforcement (ICE) in May 2019. The program is designed for local law enforcement agencies that want to honour immigration detainers but are restricted by state and local policies that limit cooperation with ICE.
Under the WSO program, ICE trains, certifies, and authorises selected state and local law enforcement officers to serve and execute administrative warrants on non-citizens held in their agency's jails or correctional facilities. These officers, known as Warrant Service Officers, are permitted to perform the arrest functions of an immigration officer, but only within the confines of the jail or correctional facility in which they work. It is an extension of the 287(g) program, which allows ICE to delegate specified immigration officer duties to state and local law enforcement officers under its direction and oversight.
To participate in the WSO program, local law enforcement agencies must sign a Memorandum of Understanding (MOU) with ICE, agreeing to nominate officers to receive training and be deputised as WSOs. These nominees must be US citizens, pass a background check, and have knowledge of and experience in enforcing laws related to law enforcement in their jurisdictions. Unlike the 287(g) program, WSO officers receive only one day of on-site training and have fewer responsibilities. They are not authorised to interrogate alleged non-citizens about their immigration status, question individuals about their citizenship or removability, or process undocumented persons.
The WSO program has been controversial. Some critics argue that it blurs the lines between federal and local law enforcement, potentially undermining community trust. There are also legal concerns, as immigration detainers without a warrant or court order may violate the Fourth Amendment. However, ICE argues that the WSO program helps to protect communities from criminal aliens and gives sheriffs the legal support and training to enforce immigration laws effectively.
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The Task Force Model
To participate in the 287(g) program, law enforcement agencies (LEAs) must sign a Memorandum of Agreement (MOA) with ICE. The nominated officers must be U.S. citizens, pass a background investigation, and have knowledge of and have enforced laws and regulations related to law enforcement activities in their jurisdictions. Additionally, Task Force Model nominees must have at least two years of total sworn law enforcement officer experience. The training for the program covers immigration law, the use of ICE databases, multicultural communication, and the avoidance of racial profiling. Officers must pass examinations with a minimum score of 70% to become deputised.
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The Jail Enforcement Model
The JEM is designed to identify and process removable aliens with criminal or pending criminal charges who are arrested by state or local law enforcement agencies. Under the JEM, deputized officers may interrogate suspected non-citizens arrested on state or local charges to determine their immigration status. These deputized officers may also issue immigration detainers, which are requests from ICE to law enforcement agencies to hold a non-citizen for up to 48 hours after they would otherwise be released.
To participate in the 287(g) program, law enforcement agencies (LEAs) must sign a Memorandum of Agreement (MOA) with ICE. The nominated officers must be US citizens, pass a background check, and complete a four-week Immigration Authority Delegation Program at the Federal Law Enforcement Training Center (FLETC) ICE Academy in Charleston, South Carolina. The training covers immigration law, the use of ICE databases, multicultural communication, and the avoidance of racial profiling.
The JEM has been a source of controversy, with critics arguing that ICE tactics erode public trust in local law enforcement and scare away immigrants from reporting crimes or cooperating with the police. However, supporters argue that the program enhances the safety and security of communities by facilitating collaboration between ICE and local law enforcement in identifying and removing criminal aliens amenable to removal from the US.
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The Illegal Immigration Reform and Immigrant Responsibility Act of 1996
IIRAIRA amended the INA by adding Section 287(g), which authorizes the U.S. Immigration and Customs Enforcement (ICE) to delegate to state and local law enforcement officers the power to carry out specified immigration officer functions under the agency's supervision. This delegation of authority is intended to improve collaboration between ICE and local law enforcement agencies to identify and remove criminal aliens from the country. The 287(g) Program includes three models: the Jail Enforcement Model, the Task Force Model, and the Warrant Service Officer program. The first model identifies and processes removable aliens with criminal or pending criminal charges who are arrested by state or local law enforcement. The Task Force Model acts as a force multiplier for law enforcement agencies to enforce limited immigration authority under ICE oversight during routine duties. Lastly, the Warrant Service Officer program trains and authorizes state and local law enforcement officers to serve and execute administrative warrants on aliens.
IIRAIRA has been criticized for being overly punitive and curtailing due process rights. For instance, it expanded the definition of aggravated felonies, leading to more severe immigration consequences for noncitizens convicted of such crimes. It also reduced due process rights by eliminating them from most removal cases and requiring immigrants unlawfully present in the U.S. for extended periods to remain outside the country for several years unless pardoned. Additionally, IIRAIRA intensified funding for border militarization and restricted post-secondary education funding for noncitizens.
In summary, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 significantly altered U.S. immigration policy by enhancing immigration enforcement, increasing penalties for immigration-related crimes, and expanding the role of state and local law enforcement in immigration matters.
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Frequently asked questions
Under the 287(g) program, county sheriff deputies can enforce immigration law. This program refers to agreements between the U.S. Department of Homeland Security and local law enforcement agencies that allow local police to enforce civil immigration laws.
To be able to enforce immigration law, a county sheriff deputy must be nominated by their LEA to participate in the 287(g) Program. Nominees must possess U.S. citizenship, complete and pass a background investigation, and have knowledge of and have enforced laws and regulations related to law enforcement activities at their jurisdictions.
There are concerns that county sheriff deputies enforcing immigration law can lead to racial profiling and a deterioration in relationships between law enforcement and immigrant communities. In 2012, a DOJ investigation found that the Alamance County Sheriff’s Office in North Carolina engaged in a pattern of unconstitutional violations by unlawfully detaining and arresting Latinos.
