Hernan Taylor & Lee

“287(g)” refers to Section 287(g) of the Immigration and Nationality Act which was added by the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA).  This section authorizes the federal government to enter into an agreement (called a Memorandum of Understanding) with a state or local law enforcement agency designating certain officers as authorized to perform immigration law enforcement functions.  The designated officers must receive adequate training. 

Memorandum of Agreement

The Memorandum of Agreement (also referred to as the MOA) sets forth the authority that the federal government is delegating to the state or local law enforcement agency. 

Adequate training?

Officers designated under the 287(g) MOU go through a four-week training program at the Federal Law Enforcement Training Center (FLETC) Advanced Training Site in Charleston, South Carolina.  Unfortunately, four weeks of training is hardly sufficient to learn and comprehend immigration law to the extent necessary to be able to ensure that the rights of the undocumented immigrants processed by such officers are protected as required under the law.  

Section 287(g)

The law states, in relevant part:

(g) (1) Notwithstanding section 1342 of title 31, United States Code, the Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to extent consistent with State and local law.

(2) An agreement under this subsection shall require that an officer or employee of a State or political subdivision of a State performing a function under the agreement shall have knowledge of, and adhere to, Federal law relating to the function, and shall contain a written certification that the officers or employees performing the function under the agreement have received adequate training regarding the enforcement of relevant Federal immigration laws.

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(5) With respect to each officer or employee of a State or political subdivision who is authorized to perform a function under this subsection, the specific powers and duties that may be, or are required to be, exercised or performed by the individual, the duration of the authority of the individual, and the position of the agency of the Attorney General who is required to supervise and direct the individual, shall be set forth in a written agreement between the Attorney General and the State or political subdivision.

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(8) An officer or employee of a State or political subdivision of a State acting under color of authority under this subsection, or any agreement entered into under this subsection, shall be considered to be acting under color of Federal authority for purposes of determining the liability, and immunity from suit, of the officer or employee in a civil action brought under Federal or State law.

(9) Nothing in this subsection shall be construed to require any State or political subdivision of a State to enter into an agreement with the Attorney General under this subsection.

(10) Nothing in this subsection shall be construed to require an agreement under this subsection in order for any officer or employee of a State or political subdivision of a State-

(A) to communicate with the Attorney General regarding the immigration status of any individual, including reporting knowledge that a particular alien is not lawfully present in the United States; or

(B) otherwise to cooperate with the Attorney General in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States.