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

ICE’s 287(g) Program

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The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 added Section 287(g) to the Immigration and Nationality Act (INA) — authorizing U.S. Immigration and Customs Enforcement (ICE) to delegate to state and local law enforcement officers the authority to perform specified immigration officer functions under the agency’s direction and oversight.

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The 287(g) Program enhances the safety and security of our nation’s communities by allowing ICE Enforcement and Removal Operations (ERO) to partner with state and local law enforcement agencies to identify and remove criminal aliens who are amenable to removal from the U.S.

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ICE recognizes the importance of its relationships with its law enforcement partners to carry out its critical mission.

The 287(g) program allows ICE — through the delegation of specified immigration officer duties — to enhance collaboration with state and local law enforcement partners to protect the homeland through the arrest and removal of aliens who undermine the safety of our nation’s communities and the integrity of U.S. immigration laws.

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287(g) Program Models

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ICE Enforcement and Removal Operations operates three 287(g) models:

  • The Jail Enforcement Model is designed to identify and process removable aliens — with criminal or pending criminal charges — who are arrested by state or local law enforcement agencies.

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  • The Task Force Model serves as a force multiplier for law enforcement agencies to enforce limited immigration authority with ICE oversight during their routine police duties.

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  • The Warrant Service Officer program allows ICE to train, certify and authorize state and local law enforcement officers to serve and execute administrative warrants on aliens in their agency’s jail.

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