We are all familiar with the new immigration policy recently enacted by 45, unaffectionately referred to by 45 himself, his bedfellows, as well as his detractors, as the “Muslim ban.” But what is Section 287(g) and how has it, does it, and will it affect the undocumented immigrant populations in our communities?
Section 287(g) of the Immigration and Nationality Act was enacted in 2002, with all federal/local agreements allowed to expire in December 2012 during Obama’s administration. Briefly, the section of the act allows the Department of Homeland Security (DHS) to grant authority to selected state and local law enforcement individuals to act as federal immigration agents. Agreements between the federal authorities (DHS) and local government municipalities are created and officers are then selected by the state and local agencies. The state and local officers receive 4 weeks of training, including the following “how to” processes: accessing immigration databases, completing immigration forms, and implementing functions of federal immigration officials.
Why does this matter? Because the agreements forged between DHS and state/local agencies did not carry proper federal oversight at the local level, leading to constitutional violations of unlawful detainment and arrest. Additionally, resources to address local crime were diverted from these local municipalities with 287(g) agreements. That is, there was not enough person-power to cover all of the responsibilities and duties of local agencies. The 287(g) agreements also resulted in dramatic increases in racial profiling, particularly in Latinx communities and neighborhoods. The racial profiling, in turn, negatively affected the relationship between local law enforcement and Latinx. If we follow the money, we also learn that there were financial incentives for state and local law enforcement via per diem fees for detained immigrants.
The program was eventually scaled down by Obama by creating restrictions that allowed for identifying individuals ONLY IF a crime was committed by a person in question. Ultimately, in 2012, Immigration and Customs Enforcement (ICE) concluded that the state and local immigration programs were not efficient and allowed agreements to dissolve – thus, ending the program by December 31, 2012.
A new administration brings new fears, 2017-style. An executive order issued within the first week of 45’s occupancy also renews and magnifies 287(g). The previous allowances of section 287(g) allowed state and local law enforcement agencies to sign agreements with ICE, restricting the interrogations, detainments and arrest to interior issues. According to the 287(g) “experts,” ICE historically was sensitive to civil rights issues and adopted training to address concerns. With the recent revival of the program, agreements between local law enforcement agencies also may be signed with Customs and Border Protection (CBP), opening up operations along the nation’s borders and at ports of entry. The implications are significant. The power of local law enforcement now becomes greater in breadth. It not only allows for apprehension, arrest, and detention, but also decision-making as well as initiation of proceedings to remove someone from the country.
The inclusion of agreements between local agencies and CBP also leads to less oversight than was in place when only ICE was involved (and oversight was already an issue). A decrease in oversight will affect how local agencies will choose to conduct enforcement. This is alarming. Also of great concern is that 45’s mandate is an effort to deport undocumented immigrants without demonstration of a serious crime. Daniel Stageman of the John Jay College of Criminal Justice refers to the newly reinstated 287(g) program as a “deportation machine.” As it stands, the current program does not prioritize individuals. Instead, any undocumented person determined “unlawful” by a local law enforcement officer is at risk for arrest and deportation.
Following Obama’s 2012 expiration of 287(g), local municipalities with federal agreements experienced a dip in their for-profit detention programs. With the program re-energized, there is potential that the local jails will fill up with undocumented immigrants on embellished charges. There is money to be made through the program. A quick expansion risks human rights abuses due to a potential lack of oversight and proper structures built into the system. Everyone is assumed a criminal. Guilty until proven innocent via the militarization of police departments.
What role does Congress play? Budget approval by Congress is mandated for the additional hiring (in the 1,000s) of ICE and border patrol officials. Good news if we can assume that Congress will act for the good of the people. The bad news is that the 287(g) expansion does not require approval from Congress. The ACLU, however, has been involved in identifying and bringing attention to 287(g) agreements and applications for agreements that demonstrate civil rights violations, misconduct, and practices that are unconstitutional.
The alliances with local law enforcement agencies were celebrated recently by 45 at a White House meeting of sheriffs from municipalities nationwide. And, yes, the Chester County sheriff proudly attended the soiree. To date, Chester County and surrounding areas have not participated in 287(g). Let’s ensure that they do not. Let’s identify and establish places of sanctuary for undocumented immigrants in our communities. Let’s become vibrant voices in our school districts by demanding programming and curricula in our schools (K-12) that celebrate our diversity. Let’s demand zero tolerance of hate in our schools. Let’s assemble inter-faith, multi-cultural community events where we can proudly share our differences and commonalities to create understanding, acceptance, and tolerance.
UPDATE: The Berks County sheriff recently announced plans to sign a 287(g) agreement to allow his law enforcement agents to act as ICE agents. We must act to prevent this from happening. The implication is that if one area sheriff signs an agreement, the door will open for others to follow suit.
Sources/Further Reading:
https://www.americanimmigrationcouncil.org
https://www.theatlantic.com/politics/archive/2017/02/trump-immigration-enforcement/517071/
http://www.motherjones.com/politics/2017/02/donald-trump-deportation-police-program