Immigration Enforcement and 287(g)

The 287 (g) program, which allows state and local law enforcement agencies to receive authority for immigration enforcement from Immigration and Customs Enforcement (ICE), is under new scrutiny since the recent release of a GAO report recommending better oversight on the part of ICE.

The program was authorized by Section 133: Acceptance of State Services to Carry Out Immigration Enforcement of Public Law 104-208. For the relevant US Code Section, see 8 USC 1357.

Immigration reform, including border security and enforcement activities, has been the topic of many congressional hearings. Some hearings held prior to the passage of PL 104-208 include: "Proposals for immigration reform" (1994) and "Border Security" (1995). Since the implementation of the 287(g) program, congress has held additional hearings concerning immigration enforcement efforts of local and state entities. These include: "State and local authority to enforce immigration law : evaluating a unified approach for stopping terrorists" (2004), "The 287(g) Program : ensuring the integrity of America's border security system through federal-state partnerships" (2005) and "Empowering local law enforcement to combat illegal immigration" (2007).

You can also find information on the implementation of the 287(g) program in the Annual Report of Immigration and Customs Enforcement (ICE).

As for California, the State recently announced a change in its parole policies for illegal immigrants. On February 27, 2009 the Secretary for the California Department of Corrections and Rehabilitation (CDCR) sent a letter to the Secretary of Homeland Security notifying her of the State's new policy. Click here to read the letter or to see the official CDCR press release.