Section 287(g) of the Immigration and Nationality Act
How Section 287(g) of the Immigration and Nationality Act is Expanding Immigration Enforcement
Typically, law enforcement agencies enforce the laws of the jurisdiction for whom they work. For example, local police officers in a municipality are not on the lookout for people or individuals who are violating federal tax law, and Federal Bureau of Investigations (FBI) agents are not pulling people over for speeding.
Immigration is an issue that is dealt with almost exclusively at a federal level, and many attempts by states to legislate in the area have been struck down by federal courts due to a legal doctrine known as preemption. This presents a significant problem for federal officials, however, due to limited manpower and the fact that many undocumented individuals are difficult to track down.
As a result, they often rely on local law enforcement to notify them when they take undocumented persons into custody for relatively minor offenses. In fact, a report issued by the Transaction Records Clearinghouse (TRAC) at Syracuse University indicates that the majority of people apprehended by ICE were first taken into custody by another law enforcement agency.
Section 287(g)
According to the U.S. Immigration and Customs Enforcement website, section 287(g) of Immigration and Nationality Act allows local and state law enforcement agencies to partner with ICE in order to receive delegated authority for immigration enforcement within their jurisdictions. This agreement is entered into through a Memorandum of Agreement, which defines the limitations and scope of the delegation of the authority. The law requires ICE to supervise any offices that have been cross-designated to exercise immigration authority when they exercise that authority. Officers who participate in the program must meet the following requirements:
- Have U.S. Citizenship
- Complete a current background investigation
- Have at least one year of experience in his or her current position
- Have no pending disciplinary action
In addition, participating officers must complete a four-week basic training program and participate in a one-week refresher program every two years.
Call 201-703-9400 today for more information.
If you are involved in an active legal issue regarding your immigration status or believe that you may be subject to removal under the new administration’s policies, you should speak to an attorney as soon as possible. The assistance of an attorney will protect your rights and may be able to help you establish valid immigration status in some case. To schedule a consultation with New Jersey immigration attorney Ronald P. Mondello, call us today at 201-703-9400 or contact us online.
