Obama Administration Starts Phasing Out 287(g) Program
ICE has begun phasing out 287(g) agreements, which delegate federal authority for immigration enforcement to state and local police. ICE informed law enforcement agencies in 24 states that 287(g) agreements originally set to expire around September 30 would be extended for 90 days while “under review.” Other agreements with later expiration dates will continue, but ICE can decide to terminate those at any time.
Officers in jurisdictions with 287(g) authority are authorized to access ICE’s database and check the immigration status of anyone they arrest. But their duties can extend beyond an automated biometrics check. Officers also can interview foreign-born inmates, which enables them to catch illegal aliens with no previous DHS encounters. ICE had previously announced that it would scale back 287 (g) and increase reliance on the Secure Communities program.
Secure Communities automatically checks inmates’ fingerprints against the ICE database and flags certain illegal aliens for further action. The problem is, only about half of inmates are in the database , according to Jessica Vaughan from the Center for Immigration Studies. “Without 287(g), there would be a lot of people getting released who would fly under the radar,” Vaughn said.
Vaughn argues that 287(g) complements Secure Communities and should not be replaced by it. On any given day, ICE’s regional offices must wade through a huge number of cases and decide which ones are worth deporting. Ending 287(g) “stretches ICE much more thinly, and I’m pretty confident in saying they’re not going to get more people to do this,” Vaughn said.
ICE claims the phase-out is a cost savings measure. “The Secure Communities screening process, coupled with federal officers, is more consistent, efficient and cost effective in identifying and removing criminal and other priority aliens,” said ICE spokeswoman Danielle Bennett.
Officials in Prince William County, Virginia, who thought they would be negotiating a new three-year 287(g) agreement with ICE, criticized the move. Prince William Board Chairman Corey Stewart said this is “further evidence that ICE is abdicating its responsibilities…We have a duty to protect our citizens and to make our community safe. If someone commits a crime and they are here illegally, they should be deported.”
Prince William County was one of the first jurisdictions in the country to sign a 287(g) agreement with ICE. Stewart said 287(g) contributed to a 48 percent drop in violent crime. And he said 287(g) helped deport more than 5,000 criminal illegal aliens who were suspected of murder, rape, and other crimes. County officials believe the numbers identified for deportation will drop by 40 percent without 287(g).