What is the 287(g) Program and How Does it Affect the State of Georgia?
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 added Section 287(g) to the Immigration and Nationality Act (INA), providing the U.S. Immigration and Customs Enforcement (ICE) the right to partner with state and local law enforcement and deputize them so they can essentially act in a capacity similar to ICE. Through a memorandum of understanding between the Department of Homeland Security (DHS) and law enforcement agencies within localities, officers will be permitted to act as immigration agents. As such, law enforcement is granted the power to:
- Look into the immigration status of people detained in jail
- Access ICE databases
- Issue detainers
- Place people in removal proceedings
Law enforcement agencies (LEAs) across the country can choose to participate in the 287(g) program, which has come about after an Executive Order (EO), Protecting the American People Against Invasion, was signed at the beginning of the year by President Donald J. Trump. The stated goal is to locate and remove criminal aliens who are said to undermine both U.S. immigration laws and who are a danger to communities all over the country. This action and greater collaboration between ICE and local law enforcement agencies are believed to further the critical mission of keeping the homeland safe and secure.
Currently, there are several states that have passed or are discussing the passage of legislation that would mandate law enforcement agencies to participate in the 287(g) program by entering into a memorandum of agreement with ICE. Georgia is one of those states.
The 287(g) Program in Georgia
Six 287(g) programs are active in Georgia:
- Floyd County
- Georgia Department of Corrections
- Hall County
- Oconee County
- Polk County
- Whitfield County
Localities that participate in the 287(g) program contribute significantly to increased numbers of people held in ICE custody, which is to be expected and the ultimate goal. To illustrate this, one can look to Hall and Whitfield Counties, where more than 90% of ICE arrests resulted from an active 297(g) program in place.
Further, both of these counties not only participate in the program, which gives them the ability to detain individuals and turn them over to ICE, but they also have Intergovernmental Service Agreements (IGSA) that pay them a per diem rate to hold non-citizens in ICE custody as they go through immigration proceedings. Specifically, Hall County is paid a rate of $53 per detained non-citizen per day, while Whitfield County is paid $41.03 per detained non-citizen per day.
The added financial incentive makes it even more appealing for local law enforcement to aggressively search for non-citizens and detain them for ICE. Non-citizens in the U.S. who are vulnerable to being targeted by ICE or local law enforcement that is a part of the 287(g) program can protect themselves by meeting with an Atlanta deportation defense lawyer at Shirazi Immigration Law, Inc.
Speak with an Atlanta Immigration Attorney Today
For a consultation to discuss your immigration needs and case, please call Shirazi Immigration Law, Inc. at 404-523-3611. One of our immigration lawyers in Atlanta, GA, can assist you.
Source:
ice.gov/identify-and-arrest/287g
