Some Democrats are trying to cut ties between local police and Immigration and Customs Enforcement, as a record-high number of cities and states have stepped up to help federal police track down illegal immigrants in their communities.
As President Donald Trump prepares to begin his second year in office, three House Democrats have reintroduced legislation to end the 287(g) program, which originated from the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, an amendment to the Immigration and Nationality Act.
The program gives ICE the authority to delegate specific immigration officer duties to state and local police. Local police departments must opt in to participate in the program.
As of Dec. 23, ICE has signed 1,255 agreements with local jurisdictions across 40 states — more than at any other point in its history, according to ICE’s website.
That means local and state police in more than 1,250 departments nationwide are turning people they suspect to be illegal immigrants over to ICE or Border Patrol for federal officials to determine if they are in the country illegally.
The partnerships extensively expand ICE’s presence by repurposing state and local police to support the Trump administration’s overarching goal of carrying out the largest-ever deportation operation.
However, Democrats have said they are concerned the cooperation is hurting local policing operations. Rep. Sarah McBride (D-DE) said the 287(g) program has led to more racial profiling by local police, and the Protecting the Rights of Towns Against Federal Enforcement Contrary to Constitutional Tenets Immigration Act would cut the partnerships.
“For too long, the 287(g) program has drained local resources, fueled racial profiling, and made communities less safe — and it’s time we end it,” McBride said in a statement. “The PROTECT Immigration Act makes clear that immigration enforcement belongs with trained federal authorities, guaranteeing that local law enforcement can focus exclusively on keeping our communities safe.”
In February, Gov. Ron DeSantis (R-FL) signed legislation into law that allows state police and law enforcement in all 67 counties to work directly with federal immigration agencies.
Historically, state police who pulled over a vehicle with drivers and passengers believed to be illegally in the country had to contact Border Patrol or ICE to let them know about the traffic stop and see how to proceed, the Washington Examiner learned during a ride-along with Florida Highway Patrol Sgt. Tony Kingery in July.
Now, deputized state troopers have greater authority if a person claims they are not a U.S. citizen or lacks documentation. The officer may contact local federal authorities, either ICE or Border Patrol, to run the person’s identification.
Florida state troopers who opted into the 287(g) partnerships have arrested 6,200 illegal immigrants off the streets and turned them over to federal immigration authorities for deportation proceedings.
Given that “sanctuary” cities and states will not cooperate with ICE and turn over illegal immigrants in local jails, ICE is more active in communities, trying to track down people who have been released from jail.
When ICE learns that an illegal immigrant has been arrested locally, it will ask the local jail to detain that individual until federal police can arrive and take custody of them. Sanctuary zones will not hold that person, regardless of whether it’s local police partnering with ICE.
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In one recent instance, ICE asked Fairfax County, Virginia, authorities to hold a criminal illegal immigrant from El Salvador who was due to be released from jail in December. The county did not detain him, and 23-year-old Marvin Morales-Ortez was arrested the following day by local police as the suspect in a homicide.
A newly released analysis by the Washington Post suggests that ICE’s arrests within communities surged this fall, meaning that it is doing more work out and about with the help of 287(g) partners than lodging detainers at local jails and having them ignored.