FACT BRIEFAre 287(g) agreements voluntary according to federal law?
Yes.
Participating in 287(g) agreements is voluntary, according to the Congressional Research Service.
The 287(g) program enables Immigration and Customs Enforcement (ICE) to partner with state and local law enforcement agencies to perform some of the duties of immigration officers.
President Donald Trump’s administration has labeled some jurisdictions not partaking in the program as “obstructing the enforcement of Federal immigration laws.” But multiple court cases have ruled that forcing states to carry out federal immigration policy goes against the 10th Amendment.
Currently, individual law enforcement agencies apply to the program and choose the specific scope of the agreement. Although there is no federal law requiring participation in 287(g), some states, such as Florida, have issued directives mandating local police enter those agreements.
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Sources
- Congress.gov The 287(g) Program: State and Local Immigration Enforcement
- U.S. Immigration and Customs Enforcement Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act
- Department of Homeland Security DHS Exposes Sanctuary Jurisdictions Defying Federal Immigration Law
- National Immigration Forum Are Sanctuary Policies Unlawful? State and Municipal
- Executive Office of the Governor Ron DeSantis Governor Ron DeSantis Announces Additional Memoranda of Agreement between Florida Law Enforcement and U.S. Immigration and Customs Enforcement
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