Model State Statute: Requiring Participation in the 287(g) Program

Model State Statute: Requiring Participation in the 287(g) Program

Feb 10th, 2025 1 min read

 

Immigration enforcement assistance agreements; reporting requirement.—

(1) By [date], each local, county, and state law enforcement agency within the state shall enter into a written agreement with the U.S. attorney general and/or the U.S. Department of Homeland Security to participate in the immigration program established under Section 287(g) of the Immigration and Nationality Act, 8 U.S. Code § 1357, authorizing its law enforcement officers to perform specified immigration officer functions under the Department of Homeland Security’s direction and oversight with respect to the investigation, apprehension, and detention of aliens in the United States. All local, county, and state law enforcement agencies shall cooperate to the fullest extent possible with federal immigration and other law enforcement officials in the investigation, apprehension, and detention of aliens in the United States.

(2) Such agreement shall include participation in all Section 287(g) programs for which the local, county, or state law enforcement agency is eligible, including but not limited to, the Jail Enforcement Model and the Warrant Service Officer Model operated by the Department of Homeland Security.

(3) Beginning no later than [date], each local, county, and state law enforcement agency shall notify the director of the state department of law enforcement quarterly of the status of such written agreement, including the number of aliens investigated, apprehended, detained, and transferred to federal officials, the state or local crimes for which they were arrested, if any, and any reason for noncompliance with this section, if applicable.

(4) Local, county, and state law enforcement agencies that fail to comply with the requirements of this section shall be subject to withholding of state funding for their agencies. Their directors and chief law enforcement officers shall be subject to removal for cause by the governor for their refusal to enter into such agreements with the federal government under Section 287(g).