Due to these worries, after the September 11 attacks, the U.S. government restructured the Department of Immigration and Naturalization Services (INS) into the Department of Immigration and Customs Enforcement (ICE). Today, Immigration and Customs Enforcement is the largest investigative agency within the Department of Homeland Security(DHS) (ICE Delegation, 2009).

As part of its mission, ICE enforces federal immigration laws. Although organization modification is helpful, there is still a paucity of federal government resources addressing illegal immigration and appending problems. For instance, in 2006, the U.S. Customs and Border Protection Services (CBP) employed only 27,705 agents, and ICE’s workforce stood at 10,399 (Bureau of Statistics, 2009).

With the scope of the immigration problem being so extensive, integrated solutions are needed. Additionally, an approach that would yield a synergistic effect is obviously much more desirable with a problem of this magnitude. A program forged under 287 (g) allows for training of state, local, and tribal law enforcement to aid in immigration enforcement. This program is a component of a broad, multi-pronged paradigm to combat illegal immigration.

Section I of this article discusses the 287 (g) Program elements. Section II provides examples of the 287 (g) Program in practice. Section III notes the positive aspects of expanding use of this program. Section IV covers concerns about the program. The likely future prospects of the program are cited in Section V.

I. The 287 (g) Program

Recognizing the possible added value of non-federal law enforcement in combating illegal immigration, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 added Section 287 (g) that allows for immigration detection and enforcement functions by state and local officers. More specifically, this modification enables ICE (via the Department of Homeland Security) to enter into arrangements with state and local law enforcement agencies.

Through Memorandums of Agreements (MOUs), state and local law enforcement officers are provided with disparate training and functions under the supervision of ICE agents. The cross-designation between ICE and state and local patrol officers, detectives, investigators, and correctional officers enables these state/local actors to have the resources and latitude to investigate violent crimes, human smuggling, gang/organized crime activity, sexual-related offenses, narcotics smuggling and money laundering. Also, MOU partners may receive additional support and resources from the federal government (ICE Delegation, 2009).

In this post-9/11 era, terrorism and criminal activity are often combated successfully by multi-agency and jurisdictional modes, leveraging vast resources, skills, and expertise. In that vein, state and local law enforcement play a critical role as they are generally the first-responders to an incident or attack. Also, during their daily duties, such as traffic stops and calls for service, they may encounter foreign-born criminals as well as immigration violators.

For example, an astute Peoria, Illinois, police office observed a vehicle in which a toddler was standing up unrestrained. The officer stopped the vehicle pursuant to a violation of a child restraint law. During the course of the traffic stop, the officer learned that there was an outstanding arrest warrant for the driver, Ali al-Marri, for driving under the influence of alcohol or drugs (DUI). The driver was taken into custody. Al-Marri posted three thousand dollars as cash bond from his cash-laden briefcase. The vast cash holdings aroused the officer’s suspicion, so the officer checked further. Al-Marri had a calling card in his possession. A number on that card was traced to a 9/11 financier. Federal authorities were then contacted. Following various judicial machinations, including al Marri’s designation as an enemy combatant, in April 2009 he pleaded guilty to providing material support to terrorist organizations.

At the time of his arrest in 2001, al-Marri was in the United States legally on a student visa. He was studying at Bradley University in Peoria, Illinois. Some aliens legally in the United States enter on student visas or work visas. With so many aliens, and so few agents, keeping track of the status of those visas is nearly impossible. Other aliens in the United States illegally come in on valid visas and stay once the visa expires. State and local law enforcement are in a good position to monitor the status of legal aliens, but only if they have the necessary information and training. Enabling law enforcement to have greater autonomy over immigration enforcement benefits all law enforcement and society at large, as will be discussed later.

State, local, and tribal law enforcement agencies must request to be a part of the 287 (g) Program. Participation is subject to approval by ICE. Officers participating in the 287 (g) Program must meet certain parameters set by ICE. Participating officers must be citizens of the United States. They are also subject to an intense background investigation by federal authorities. Prospective participants must have a minimum of two years of experience in their current law enforcement role. Finally, these individuals must have no pending disciplinary actions (ICE Delegation, 2009).

Once cleared for participation, officers must complete a four-week training program at the Federal Law Enforcement Training Center (FLETC) ICE Academy in Charleston, South Carolina. The training curriculum includes U.S. Department of Justice guidelines on the use of race and ethnicity by federal law enforcement agencies. Instruction also includes the scope of authority by officers as it relates to immigration issues or concerns. Officers are also trained on cross-cultural issues, use of force, civil rights legislation, civil liability, public relations, and complaint procedures (ICE Delegation, 2009).

Officers are properly trained on interrogation techniques and acceptable practices as they relate to determining probable cause for an immigration violation. If probable cause is established for an immigration violation, officers have the authority to detain the individual. Accordingly, officers are also instructed on the processing of illegal aliens, including fingerprinting, photographing, and interviewing of suspects. Officers are additionally trained in the preparation of affidavits, the taking of sworn statements, detention procedures, and testimonial evidence.

Memorandums of Understanding between DHS (ICE) and state, local, and tribal law enforcement vary, authorizing different procedures. Generally, when a trained and certified officer encounters an individual who is an immigration violator, the officer may question and detain the individual for potential removal from the United States by ICE. This is especially true where the individual is deemed to be a flight risk, a repeat immigration offender, or a particular threat to local or national security.

II. Examples of 287 (g) Program

From January 2006 through September 2008, the ICE 287 (g) Program identified over 79,000 individuals, mostly in jails, who are suspected of being in the country illegally. Over 950 non-federal officers have been trained and certified as Jail Enforcement Officers or Task Force Officers through the program (Citizens for Immigration Reform, 2009).

As of April 2009, 67 MOUs were in existence in twenty-three states. Those jurisdictions with MOUs include agencies based in: Alabama, Arkansas, Arizona, California, Colorado, Florida, Georgia, Massachusetts, Maryland, Minnesota, Missouri, New Hampshire, New Jersey, New Mexico, Nevada, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, and Virginia.

Success of the 287 (g) Program is supported by the Manassas Police Department and the Prince William County Sheriff’s Office in Virginia. Those two agencies claim there has been a decline in crime in their jurisdictions since cracking down on illegal immigration (ICE Delegation, 2009). Alabama Governor Robert Riley stated, “Our state troopers [will] become force multipliers for America’s border security mission” (Kouri, 2009).

In addition to the possible homeland security concerns attached to legal and illegal aliens, some of the latter are responsible for traditional crime. In May 2008, 260 illegal immigrants in Iowa were sentenced to five months in prison for federal identity theft laws (Preston, 2009). Colorado’s State Patrol Immigration Enforcement Unit identified 100 illegal aliens in activity on one interstate highway (Freere, 2009). As part of 287 (g) training, troopers learned how to recognize fraudulent IDs and determine a person’s nationality. Between April 2006 and September 2006, 1,200 foreign-born people were arrested in Mecklenburg County, North Carolina, following state enforcement of immigration laws (Whorisky, 2009).

Immigration and Customs Enforcement also assists local law enforcement with the tracking of foreign persons who may be here on student or work visas, vacationing, or in the country illegally. That effort is conducted through the Compliance Enforcement Unit (CEU) of ICE. Admittedly, many aliens in the U.S. legally become lost in the interior of the country once their visa expires. The CEU is the unit of government charged with the responsibility of tracking and pursuing those illegal persons. The success of the CEU is largely dependent upon information sharing between local law enforcement and ICE. The partnership formed via 287 (g) greatly enhances the efforts to track legal aliens and capture illegal aliens, primarily through the sharing of information (ICE ACCESS, 2009).

The Criminal Alien Program (CAP) of ICE is responsible for identifying, processing, and removing illegal aliens. Most of the people dealt with by agents in the CAP program are being held in federal, state, and local prisons and jails. So again, the success in identifying and removing illegal aliens is dependent upon an open dialogue and information sharing between local law enforcement and ICE officials (ICE Criminal Alien, 2009). Any break in that information chain could result in an illegal alien being released back into the community.

The efforts of ICE go beyond cooperation with U. S. law enforcement agencies. Immigration and Customs Enforcement is also working with international partners. One such example is Operation Armas Cruzadas. There has been an escalation in drug related violence in Mexico. Many of the weapons being used by criminals in Mexico are being illegally imported into Mexico from the United States. Information on the illegal deportation of firearms from the U.S. to Mexico is now being shared between ICE and Mexican law enforcement at the federal and local levels. Through joint information sharing and a collaborative law enforcement effort, ICE hopes to stem the flow of illegal arms from the U.S. into Mexico (ICE Bi-lateral, 2009).

III. Positive Aspects of the 287 (g) Program

The 287 (g) Program has many other strengths. Given the millions of illegal immigrants and ICE’s limited staffing, ICE enforcement agents cannot possibly track all aliens and enforce immigration laws. Allowing local law enforcement to assist helps reduce the number of illegal immigrants.

There are currently 300,000 illegal aliens in the United States with deportation orders who cannot be found (Parapundit, 2009). The 287 (g) Program aids in creating a consistent law enforcement response relative to immigration enforcement by state, local, and tribal law enforcement. It also assists in multi-lateral efforts to catch illegal immigrants, who may be involved in criminal activity: from misdemeanors to felonies, including drug trade, human smuggling, and gun running.

In addition, the enforcement of immigration law contributes to undermining illegal immigrantion connected to organized crime and gang activity. Increasingly, organized crime and gang activity—often interlaced with the narcotics trade—are very violent in nature with possible political risk issues. In 2002, the DOJ estimated there were 21,500 gangs in the United States with a total estimated membership of 731,500 (National Gang, 2009). Many of those gang members are in the country illegally. For example, the Mara Salvatrucha 13 (MS 13), one of the most violent and well-organized dangerous gangs in the United States, is active in 48 states, as well as Washington, D.C. (CRS, 2008). These conditions represent a significant problem for law enforcement. After committing violent crime, including homicide, illegal alien offenders (including gang members) often either flee the country or are not readily identifiable.

The program is also beneficial in creating an environment that allows for better sharing of information among law enforcement agencies. With reference to the cost of the program, training materials run only $520 (ICE Delegation, 2009). Additionally, deportation is cheaper than jailing illegal immigrants. This is particularly important given limited government budgets. Adequate enforcement of immigration law can result in safer communities by removing those without driver’s licenses or insurance.

Other types of criminal activities buttress the case for expanded use of the 287 (g) Program. In 2009, illegal alien Wilfido Joel Alfaro, 29, shot a Houston, Texas, police officer in the face while police were serving Alfaro with a drug-related search warrant. Alfaro, a native of El Salvador, had been arrested five times prior for drug-related offenses. Alfaro was ordered deported back to El Salvador in 2001 after release from prison. That deportation was “voluntary.” Houston Mayor Bill White openly blamed federal authorities for missing multiple opportunities to deport Alfaro prior to the shooting of the Houston officer (Digger’s Realm, 2009).

Yet Houston’s policies, much like many cities in America, may be part of the problem. Houston actually harbors illegal aliens. The Houston Police Department has a two-decade-old policy that prohibits police from inquiring about the immigration status of suspects (Digger’s Realm, 2009). Houston, much like many other cities, also offers taxpayer-financed public benefits to illegal aliens. Such inconsistency makes immigration enforcement difficult, at best. Worse, it exacerbates risks to law enforcement and the rest of the community.

However, with that said, Houston and other sanctuary cities, have agreed to participate in a program that reports violent criminals to federal authorities for deportation. Mayor White claims that is what happened with Alfaro, but claimed the federal government failed to act. Since October 2006, the Houston Police Department claims it has referred 420 suspected illegal immigrants with violent histories to federal authorities. The 287 (g) Program enables law enforcement agencies to have more control over such detection and referrals.

In another example, illegal alien Manuel Cazares, 32, committed a double murder in Hannibal, Missouri, in 2009. Cazares stabbed to death his former girlfriend, 27-year-old Amanda Thomas of Hannibal, and her high school friend, 25-year-old Patrick Epley of Monroe City. Cazares had been arrested in 2007 for domestic battery against Thomas. She had several orders of protection filed against Cazares since 2007. Cazares violated those court orders, including the latest court order on February 10, 2008, when he made repeated phone calls to Thomas. All three times he was arrested, Cazares was released on bond. ICE spokesman Carl Rusnok said Cazares' name had never been referred to their agency (Engel, 2009). As such, police would not have known about his illegal residency if they checked after prior run-ins. Hannibal Police Chief Lyndell Davis stated that the failure in knowing the murder’s immigration status was due to inadequate information sharing between federal and local law enforcement (Engel, 2009).

IV. Concerns About 287 (g) Program

As expected, challenges to the program have been raised. Various police departments and organizations, including the International Association of Chiefs of Police, Los Angeles Police Department, and Miami Police Department, have articulated opposition to local enforcement of immigration laws. Critics of the 287 (g) Program claim that allowing local law enforcement immigration enforcement authority may undermine law enforcement collaboration and trust with the immigrant community. Additionally, this new role might also adversely affect crime reporting by the immigrant community (Barry, 2009). Some have stated that the program will lead to racism and bias perpetrated by state or local law enforcement. Other allegations include that the program weakens efforts to recruit and retain minorities for law enforcement agencies (Barry, 2009).

Another misgiving about the use of the 287 (g) Program is its possible contribution to a decrease in minority and immigrant populations. More specifically, critics claim that minorities and immigrant populations leave areas where crackdowns on illegal immigration occur (Barry, 2009). Lastly, opponents of the program allege that it may increase strain on already understaffed and underfunded law enforcement agencies by having them focus on new duties.

V. Future of the 287 (g) Program

The future of the program is uncertain. The current Department of Homeland Security Secretary, Janet Napolitano—a former governor of a border state and prosecutor—has a record of supporting border security and cracking down on illegal immigration. Yet, she cut $1.6 million in funding from Maricopa County Sheriff Arpaio’s budget because of claims that his administration targets immigrants and Latinos (Estrada, 2009). There is a fine line between racial profiling concerns and legitimate enforcement actions. Poor economic conditions may also encourage further crackdowns against illegal immigrants.

As Governor of Arizona, Napolitano voted against an Arizona bill that would authorize state and local police to enforce immigration law. It is expected that Secretary Napolitano and Attorney General Eric Holder will review the 287 (g) Program. Given the Obama administration’s significant allocation of resources to combat the Mexican drug trade, it might be viewed quite favorably. After all, there is complicity between some illegal immigrants and the Mexican drug trade.

Conclusion

At a time when all public safety organizations are struggling for operating dollars, it is unlikely that resources will vastly increase for law enforcement agencies in the near future. If anything, as budgets are cut, manpower, training, equipment, and resources will continue to dwindle. So the question becomes: How to do more with less resources?

A viable response is to increase the use of federal and local partnerships legislation and programs designed to create a synergistic effect. In regards to immigration and the associated crime, 287 (g) legislation affords law enforcement a true holistic effect akin to a win/win effect that organizations seek. Expansion of 287 (g) would increase law enforcement effectiveness, give local law enforcement more autonomy over their jurisdiction, afford federal agencies with greater resources and assets, and result in safer communities. Given the scope of the immigration problem, such cross-jurisdictional law enforcement alliances are imperative.

Works Cited

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CRS Report for Congress (2008). The MS-13 Street gang: Emerging Transnational Threat? [Electronic version]. Retrieved March 19, 2009 http://fas.org/sgp/crs/row/RL34233.pdf

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About the Authors

Professor Dean C. Alexander is the Director of the Homeland Security Research Program and an Associate Professor at Western Illinois University. He has broad experience with legal, business, security, and political risk issues. He served in executive, finance, and in-house counsel roles at companies in Chile, Israel, United States, and United Kingdom. Dean served as a consultant to the World Bank, Organization of American States, and U.S. State Department. His eight books and numerous academic and Op-Ed articles have focused on terrorism, law enforcement, legal, and business issues. He has lectured on these topics in Chile, Mexico, Panama, Spain, United Kingdom, Israel, and the United States. His law enforcement-related articles include, among others: “Terror Attacks Against Law Enforcement Worldwide,” Police Chief Magazine (February 2007); 7 “Global Victimization of Law Enforcement by Terrorists,” Law Enforcement Executive Forum 121 (February 2007); “Best Practices in Identifying Terrorists During Traffic Stops and on Calls for Service,” Crime & Justice International (July/August 2007); and “Terrorists Come in all Shapes, Sizes and Colors,” American Police Beat (May 2007). He first published on the subject of terrorism in 1991 (“Maritime Terrorism and Legal Responses,” 19 Denver Journal of International Law & Policy 529). He is a member of the Anti-Terrorism Advisory Council Executive Board for the Central District of Illinois and Executive Council of Security Magazine. Prof. Alexander can be reached at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Dr. Terry Mors is an Associate Professor with the Department of Law Enforcement and Justice Administration at Western Illinois University. Dr. Mors received his baccalaureate degree from Roosevelt University, a Master of Arts degree in Law Enforcement and Justice Administration from Western Illinois University, and a doctorate in Adult Continuing Education and Human Resource Development from Northern Illinois University. Having worked for a Chicago suburban police department in numerous positions ranging from patrol officer to commander, Mors has over 17 years of law enforcement and private security experience, has been published extensively in various professional journals, and has made numerous presentations worldwide on a variety of law enforcement topics, including: “Best Practices in Identifying Terrorists During Traffic Stops and on Calls for Service,” Crime & Justice International (July/August 2007) and “Terrorists Come in all Shapes, Sizes and Colors,” American Police Beat (May 2007). Dr. Mors has also worked in the capacity of training officer, has served as a consultant, and has taught for numerous law enforcement training programs. Professor Mors also has experience in teaching at the university level and has made numerous presentations worldwide on various topics in law enforcement. He has numerous publications to his credit. Dr. Mors can be reached at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it