Section 287(g): State and Local Immigration Enforcement Efforts Are Working

Ther Heritage Foundation ^ | April 22, 2009 | Jena Baker McNeill

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State and local law enforcement across the country have begun to tackle their jurisdictions' illegal immigration woes. One such program, Section 287(g), allows Immigration and Customs Enforcement (ICE) to train state and local police to enforce federal immigration laws.

The Government Accountability Office (GAO), however, claimed in a March report that the programs were unorganized and a source of racial profiling. But a report by the Davidson County (TN) Sheriff's Office provides a very different take, emphasizing that 287(g) is highly valuable.

Congress should continue its support for 287(g) and other state and local ICE programs by allocating more funding to ICE ACCESS programs like 287(g) and Department of Homeland Security (DHS) resources. It should simultaneously make it easier for state and local governments to use homeland security grants to pay for program participation. Finally, it should ensure that program progress is reported to Congress annually.

A Force Multiplier

ICE and state and local law enforcement have long struggled to enforce America's immigration laws. Previously, when a state and local law enforcement officer apprehended an individual who could not demonstrate legal presence in the U.S., the officer would simply notify ICE and wait for them to come and get the individual. In practice, this meant many illegal aliens went free and immigration laws were not enforced.

In 1996, however, Congress created 287(g) programs as an amendment to the Immigration and Nationality Act (INA). ICE now offers a full menu of immigration-enforcement-related assistance programs for state and local law enforcement called ICE ACCESS.

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