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our true policy to steer clear of permanent alliances
with any portion of the foreign world.."
George Washington (1796)
"Commerce with all nations, alliance with none, should
be our motto."
Thomas Jefferson (1799)
"The ongoing migration of persons to the United States
in violation of our laws is a serious national problem
detrimental to the interests of the United States." -
Ronald Reagan, 1981
never grows old, and honor rejoices the heart of age. It
does so because honor is, finally, about defending those
noble and worthy things that deserve defending, even if
it comes at a high cost. In our time, that may mean
social disapproval, public scorn, hardship, persecution,
or as always, even death itself. The question remains:
What is worth defending? What is worth dying for? What
is worth living for?" -
William J. Bennett in a
lecture to the U. S. Naval Academy, Nov 24, 1997
STAR: A journey through the solar system
This page last updated
|The 287g program has been changing even more in 2009. The
287g program of 2010 will be quite different than the program has
been in the past few years. New programs that are basically
sections and abilities available from the original 287g are easier
for communities to adopt and it can be done without a restricting
MOU from the Obama
administration. For now, we need to look at these
Programs (indexed) and the
ICE ACCESS Program
and use as many as we can.
Section 287(g) of the Immigration and Nationality
The Illegal Immigration Reform and Immigrant Responsibility
Act (IIRAIRA), effective September 30, 1996, added Section 287(g), performance
of immigration officer functions by state officers and employees, to the
Immigration and Nationality Act (INA). This authorizes the secretary of the U.S.
Department of Homeland Security (DHS) to enter into agreements with state and
local law enforcement agencies, permitting designated officers to perform
immigration law enforcement functions, pursuant to a Memorandum of Agreement
(MOA), provided that the local law enforcement officers receive appropriate
training and function under the supervision of sworn U.S. Immigration and
Customs Enforcement (ICE) officers.
Some things to note when reading these documents:
- Section 287(a)(1), 8 U.S.C. Sec. 1357(a)(1):
"(a) Powers without warrant.
Any officer or employee of the Service authorized under regulations
prescribed by the Attorney General shall have power without warrant -
(1) to interrogate any alien or person believed to be an alien as to his
right to be or to remain in the United States..."
- It noted that "section 287(a)(2) of the Immigration and
Nationality Act [8 U.S.C. Sec. 1357(a)(2)] authorizes any agent of the
Service to arrest any alien in the United States if he has reason to believe
that the alien so arrested is in the United States in violation of law or
regulation and is likely to escape before a warrant can be obtained."
- At the time of this writing (June 2009), there are only
three agencies that have signed up for 287g training. Only one has a
Field Trained Officer and the other two have or will have a Jail Trained
Office. The examples on this page are from law enforcement agencies
from other States that have been involved with the 287g program within the
last 2 or 3 years. Many new agencies have joined the program in the
last 2 years. Participants have cited reduction in Crime and removal of repeat offenders. Public Safety and quality of community life have improved as a result.
- Much of the information on this page could be generalized
as part of the established programs under the ICE ACCESS
(Agreements of Cooperation in Communities to Enhance Safety and Security)
umbrella program. ICE ACCESS contains programs like "Secure
Communities", "Criminal Alien Program (CAP)", "Delegation of Immigration
Authority (aka 287g)", "Operation Community Shield", and "Operation
Predator". All are good programs. See the descriptions of the
ICE ACCESS Programs.
Table of Contents
Case Study: Mecklenburg County Sheriff’s Office, Charlotte, North
Articles of Interest:
- Prominent arrests shine spotlight on 287(g) program
Lake Co. program leads to 260 deportation cases (02-24-2009):
"Curran said CAP is different from the ICE 287g program he has also applied to be a part of, because unlike 287g, his employees do not receive power to do any functions usually performed by ICE agents."
- 287g Slide Show
overview by the ACLU of NC (05-13-2009) - A quick Overview of the 287g
program. It's the ACLU so you know what to expect...
- Federal/Local 287(g) Partnerships Work (08-19-2008):
"287(g) program .... is a fast-growing success."
- Report that Questions Immigration Program
(03-04-2009): another biased piece from the New York Times refers to a report
written by the GAO.
The report (or
the report with my comments) is repetitive and could have been more forthcoming on where
and how they got their reference data.
You have to really read this whole report
to get the summarized collection data. They Interviewed officials from 29 state and local law enforcement agencies that had
entered into agreements with ICE as of September 1, 2007. Six of these agencies reported that they had not yet begun
implementing the program. Interviews conducted from October 2007 through
February 2008 then published January 2009. The report by Richard Stana is
very repetitive but Appendix 5 is the meat of this whole GAO report.
The key is in Appendix 5 (page 43) where
Jerald E. Levine (Director of Departmental GAO/OIG Liaison Office) addresses the five
recommendations and he says 287g is working! See
the report with my comments where Jerald Levine (the Director of the
department) wrote his response to Mr. Stana. Note that he says, "the program itself is working." and then he gives statistics to
Participating agencies Cited reduction in Crime and removal of repeat offenders. Public Safety and quality of community life have improved as a result.
- NOTE: I have written and requested the answers to the questions
asked in Appendix 3 from the 29 agencies. However, you can see from
the above articles and case studies that there are positive results with the
agencies using 287g training and authority that is delegated with it.
- 287g UPDATE – New Standardized MOU:(07-10-2009) : Basically,
the Law has not changed but the 287g program has been modified. Department
of Homeland Security (DHS) Secretary Janet Napolitano (appointed by Obama),
is suspending all current Memos Of Understanding (MOU) for those departments
that are 287g trained and having them re-sign a
new standardized MOU. They
added 11 NEW agencies with the standardized MOU. Since they are not
releasing the MOU at this time, I do not know exactly what it says but
basically they cannot start deportation proceeding unless they have
committed a serious crime.
AZ, NC, VA, FL have the largest number of
287g trained officers and they were deporting when they came across Illegal
Aliens during their course of work (traffic stops, etc...). They were just
enforcing the law! Apparently, the Obama administration does not want them
enforcing the law.
We will have to see what this new MOU will bring. Maybe
it will not be worth it for Lewisville to seek 287g as I have been wanting.
It seems like a super CAP program from what I am reading. It is a
LITTLE step in the wrong direction for the 287g program but not something
that stops everything. I am still interested in the 287g program but we
really need to see what restrictions Napolitano has added. The ACLU
says changes are minimal.
Again, I think this is a wait a see what happens at
this point. I think the opponents to 287g have a major victory and this was
a major hurdle to Obama's Amnesty plans. Oh well, we can continue to do what
we can do. The 287g program still looks like the next step.
- John Gorena
See the articles:
- Secretary Napolitano Announces New Agreement for State and Local Immigration
Enforcement Partnerships & Adds 11 New Agreements:
From the DHS website online (07-10-2009) or
- Sen. Grassley says, New 287(g) Policies Hamper Local
Law Enforcement Ability to Apprehend
Illegal Aliens (see PDF version)
- New Curbs Set on Arrests of Illegal Immigrants
Revamped 287g Program Will Target Only Serious Crimes, not Minor Infractions; Sheriff Arpaio Refuses to Ease Up:
Wall Street Journal Online 07-11-2009 or
the PDF version
(See the comments tab on the online version)
- Homeland unveils immigration enforcement plan:
The Washington Post
(07-10-2009) or the
- ACLU: 287g Changes Minimal (07-17-2009)
- The new MOU also tries to restrict the release of information about the
program to the public, and states that any documents generated as a result
of the partnership "shall not be considered public records." But I noticed
that the ACLU released it.
Chron.com article (07-10-2009) or the
- 07-24-2009: Houston
joins in... See related information...
11-11-2009: Here is a very interesting 7 page paper. "Dallas Would-Be Bomber Hosam Smadi: The Case for 287(g) and Exit Tracking" By Janice Kephart (Director of National Security Policy at the Center for
Immigration Studies). Also read the endnotes at
website version or
02-13-2012: Obama Administration wants to
cut finding for 287g program:
The Obama administration is proposing
to cut the measly $17 million for training for next year's 287g
budget.... Cutting funding to train
new officers for this program. It is a law that is on the
books. It is still a law. It is not done away with
regardless of what the liberals are saying. But there may or may not be any new trained 287g
officers. No one really knows for sure at this time but
most likely things are going to be at a standstill until we get
a president that wants to enforce immigration laws.
The decision to cut the funding is up to Congress..
Contact your representatives to support 287g.
Read the article from CIS
- On a personal note: Lewisville had a chance to get 287g trained officers when
funding was available and now it will be tougher to address the
problem. It still would be cheaper for us to actually pay
for the training ourselves that to continue with the problem.
- 12-21-2012: Record deportations announced by federal immigration authorities and new guidance on immigration holds.
the article in PDF format. Here are some things to note:
- Deportations are up with enforcement efforts down. This is an
indication of the numbers of illegal aliens here.
- the Obama administration wants to scrap 287g task force efforts.
This essentially stops enforcement.
OTHER by John Gorena: