An analysis of 287(g) program memorandums of agreement

Abstract

Agreements between Immigration and Customs Enforcement (ICE) and local police agencies in the delegation of federal immigration enforcement are a very contentious topic. Local agencies that participate in immigration enforcement do so as partners with ICE in the 287(g) program. It is unclear, however, whether agencies have specific reporting requirements pursuant to these agreements. The purpose of this study was to examine the authorities given to local deputized officers by the 287(g) program and whether data reporting requirements are included. The authors executed a content analysis of 287(g) memorandums of agreement (MOAs) to assess the specific authorities delegated. Results from the analyses revealed that the specific model used in these agreements defines the explicit legal powers local agents have in the enforcement of immigration law. Agencies operating under the "jail enforcement" model have significantly more powers than those operating under the "warrant service" model. While these findings were expected, only a handful of programs operating under the JE model have enforcement and encounter reporting requirements. As such, the 287(g) program lacks proper data reporting safeguards, and implications are discussed.