Over the past year, a significant portion of the immigration dialogue here in the United States has been devoted to the immigration detention system known as Secure Communities, a computerized program that links participating local jails with a federal database. Specifically, anyone who is booked into jail has their background/profile run through a database run by ICE to uncover potential immigration violations.

Interestingly, there has long been a counterpart to Secure Communities known simply as 287(g), named for an amendment to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

According to U.S. Immigration and Customs Enforcement (ICE), 287(g) "authorizes the secretary of 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, provided that the local law enforcement officers receive appropriate training and function under the supervision of ICE officers."

Under 287(g) local law enforcement agencies enter into contracts or so-called "memorandums of agreement" with ICE that clearly outline the terms of the partnership. Specifically, ICE will provide a federally funded four-week training program to designated officers of the local law enforcement agency, thereby allowing them to enforce certain immigration laws.

In Los Angeles County, Orange County, Riverside County, and San Bernardino County, most law enforcement officers receive 287(g) training allowing them to identify and detain otherwise deportable immigrants encountered during "the course of daily duties."

However, unlike Secure Communities, the identification/detention process under 287(g) involves post-conviction screenings performed by paid personnel, not screenings conducted at the time of booking by a database.

Earlier this month, DHS submitted a budget proposal calling for some rather deep cuts to the 287(g) program, including:

  • Cutting $17 million in funding
  • Cutting the program altogether in some jurisdictions
  • Suspending all new requests to participate

The cuts to 287(g) may not be much of a surprise given ICE's recent campaign to implement Secure Communities across the U.S. and the fact that Secure Communities is altogether less costly to run.

"The Secure Communities screening process is more consistent, efficient and cost-effective in identifying and removing criminal and other priority aliens," reads the submitted budget proposal.

It is also worth noting that 287(g) is likely finding itself on the chopping block due to the fact that so few law enforcement agencies have opted to participate in the program -- only 68 law enforcement agencies in 24 states.

It remains to be seen what will transpire around the 287(g) program ...

Stay tuned for further updates from our Los Angeles County immigration law blog ...

If you are facing immigration detention or have already been detained on an immigration-related matter, an experienced lawyer can help ensure that your rights and best interests are fully protected.

This post was provided for informational purposes only and is not to be construed as legal advice.

Source:

89.3 KPCC, "What 287(g) is, and why the feds prefer Secure Communities" Feb. 14, 2012