Progressives for Immigration Reform

June 29, 2010

By Maureen Wood

As seen by the enactment of recent immigration laws, cities and states are working overtime to pass local immigration measures. Notwithstanding these efforts, a federal program that allows state and local law agencies to take immigration enforcement into their own hands is being vastly overlooked.

On June 25th, while referring to the federal 287(g) program during a conference held at the Georgetown University Law Center, Muzaffar Chishti, a director of the Migration Policy Institute, noted: “away from the limelight of Comprehensive Immigration Reform . . . incredible, important things [are] happening.” Chishti was referring to the federal 287(g) program. This program allows local law enforcement agencies to form agreements with the U.S. government to enforce federal immigration laws.

According to ICE’s website, the federal 287(g) program is an opt-in program aimed at state and local law enforcement agencies. The program allows local law enforcement officers to receive training to enforce federal immigration law as authorized through section 287(g) of the Immigration and Nationality Act. After receiving the training, local officers are permitted to identify and detain illegal aliens encountered during daily law enforcement duties.

The 287(g) allows federal and local law enforcement the opportunity to collaborate on the implementation of U.S. immigration policy and crimes related to immigration. The program extends the resources of local authorities to deal with crimes, such as human smuggling and gang activity. Since January 2006, participants in the 287(g) program have identified more than 70,000 individuals suspected of being in the country illegally. There are currently 63 local law enforcement agencies participating in the 287(g) program and ICE officers have trained more than 840 local law enforcement officers to enforce immigration law.

With all the success the 287(g) program has experienced over the past few years, the question to be asked is why more municipalities aren’t participating in the program. With polls reporting some 60 to 70 percent of Americans as being in favor of Arizona’s recent immigration law, it would appear that many more law enforcement agencies would opt to toughen their stance on illegal immigration by adopting 287(g). The federal government, however, has imposed strict limits on the number of states and localities that may apply.

Those opposed to 287(g) often raise three main arguments against its implementation. First, critics argue the use of 287(g) police power will lead to racial profiling. The program is not designed to target any single race, just as illegal immigrants are not of any particular race. Racial profiling can only exist if law enforcement officers implement immigration laws in an unfair manner. The federal legislation does not call for racial profiling and racial profiling is in fact prohibited under federal law.

Critics additionally argue that adoption of 287(g) will cause local law enforcement to make more arrests for minor infractions in an effort to identify illegal aliens. A July 2009, reform to 287(g), however, created a standard agreement which focuses law enforcement on serious criminal offenses to remediate this very concern.

Finally, opponents of 287(g) fear the program will undermine the trust between law enforcement agencies and their communities. While it is important that law enforcement not be seen as villains in their communities, the bottom line is that these officers’ job is to enforce the law – and U.S. immigration law does not permit undocumented aliens to reside within the country’s borders.

The 287(g) program is an excellent option for states and municipalities looking to increase and improve the enforcement of federal immigration law. More local law enforcement agencies should consider 287(g) in order to reassure and protect the millions of Americans frustrated by government inaction on immigration enforcement.