Immigration Enforcement Program to Be Shut Down

Alan Gomez, USA Today, February 17, 2012

The Obama administration is starting to shut down a program that deputized local police officers to act as immigration agents.

Immigration and Customs Enforcement officials have trained local officers around the country to act as their agencies’ immigration officers. Working either in jails or in the field, the officers can check the immigration status of suspects and place immigration holds on them.

The program, known as 287(g), reached its peak under President George W. Bush, when 60 local agencies signed contracts with ICE to implement it. But that trend slowed significantly under President Obama—only eight agencies have signed up since he took office, and none has done so since August 2010.

Now, in their proposed budget for the upcoming year, Department of Homeland Security officials say they will not sign new contracts for 287(g) officers working in the field and will terminate the “least productive” of those agreements—saving an estimated $17 million. All the contracts between ICE and local police agencies run for three years, so that portion of the program could be finished by November when the last contract for field officers expires.

In its budget request, DHS said officials instead will focus on expanding Secure Communities, a program that checks the fingerprints of all people booked into local jails against federal immigration databases. The followup work in those cases is done by ICE agents, not local police.

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The program had been criticized by Homeland Security inspector general reports, which found that local officers were not being properly trained and there was not enough oversight to ensure that local agencies weren’t using the program to engage in racial profiling.

A study last year by the Migration Policy Institute, a non-partisan think tank, found that immigrants developed “fear and mistrust of authorities” when they realized that local police could act as immigration agents.

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Defenders of the program, such as Jessica Vaughan of the Center for Immigration Studies, say Homeland Security is “putting politics ahead of public safety” by cutting back the 287(g) program. She said Secure Communities is helpful but that local officers working in the field are better able to identify illegal immigrants who may not have their fingerprints in federal databases, making it harder to identify them.

She said some agencies such as the Colorado Department of Public Safety have used their 287(g) officers to suppress drug and human smuggling, gang activity and identity theft and said many sheriffs and police chiefs prefer the program to Secure Communities.

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