July 21, 2009

Secretary Napolitano Announces New Agreement for State and Local Immigration Enforcement Partnerships

Department of Homeland Security (DHS) Secretary Janet Napolitano announced that U.S. Immigration and Customs Enforcement (ICE) has standardized the Memorandum of Agreement (MOA) used to enter into “287(g)” partnerships. These partnerships, part of the Immigration and Nationality Act, authorize the DHS Secretary to enter into agreements with state and local law enforcement agencies to perform immigration officer functions. Designated state and local officers who receive appropriate training and function under the supervision of sworn ICE officers are permitted to perform immigration law enforcement duties.

The MOA will facilitate the identification and removal of criminal aliens. Critics raised concerns that the agreements would allow officers to arrest individuals for minor offenses as a guise to initiate removal proceedings. The agreement therefore specifies that participating local law enforcement agencies are required to pursue all criminal charges that originally caused the offender to be taken into custody. Immigrant communities are concerned with these efforts and their impact on the trust between the immigrant community and local law enforcement. The fear for many is that such cooperation will lead to individuals not reporting crimes for fear of potential immigration consequences for them or their family members.

In addition to standardizing 287(g) partnerships, DHS also entered into agreements with eleven additional jurisdictions.