The PROTECT Immigration Act

Senator Booker Seeks to Rescind 287(g) Program

The PROTECT Immigration Act would rescind the 287(g) Program, which was dramatically expanded under Trump, and repeal the federal government’s authority to deputize state/local police to enforce federal immigration law

WASHINGTON, D.C. – Today, U.S. Senator Cory Booker (D-NJ) andU.S. Representatives Mike Quigley (D-IL) and Pramila Jayapal (D-WA) reintroduced the Protecting the Rights Of Towns against federal Enforcement contrary to Constitutional Tenets for Immigration Act, or the PROTECT Immigration Act, legislation which would end the deputization of local and state police departments to enforce immigration law.

The PROTECT Immigration Act would rescind the statutory authority for the federal government's 287(g) Program, which allows the Department of Homeland Security to enter into agreements with state and local law enforcement agencies for the purposes of enforcing federal immigration law.

“Immigration enforcement should not be delegated to state and local police departments that are not equipped to enforce immigration laws – it is the job of the federal government.” said Senator Booker. “These agreements undermine public safety and result in the racial profiling and harassment of members of the immigrant community.”

“The Trump administration’s policies spent years fomenting a culture of fear in immigrant communities and eroding the relationship between law enforcement and the communities they protect. Ending programs that turn local law enforcement into immigration enforcement departments is a critical step in the process of returning to an immigration system that prioritizes justice over fear,” said Quigley. “We must enact legislation that ensures immigration enforcement always remains the purview of the federal government because local and state law enforcement already have a job to do—protecting and serving their communities.”

“While we’ve begun a new presidential administration, we still need to put an end to our country’s long history of targeting, profiling, and tearing apart immigrant communities while criminalizing those who call them home,” said Congresswoman Jayapal. “A critical first step is ending the unnecessary deputization of local and state police departments to enforce outdated federal immigration law. Doing so will not only make our communities more safe but will begin to humanely reform our broken immigration system so it’s focused on dignity, fairness, and family unity.

The 287(g) Program allows the Department of Homeland Security to enter into agreements with state and local law enforcement agencies for the purposes of enforcing federal immigration law. In 2017, then-PresidentTrump issued an executive order to drastically expand the program.

Senator Booker also sent a letter today to U.S. Department of Homeland Security Secretary Alejandro Mayorkas, urging the federal agency to terminate all existing 287(g) agreements.

Specifically, the PROTECT Immigration Act would:

• Repeal the statutory authority for the 287(g) Program; and
• Clarify that state and local law enforcement lack “inherent authority” to arrest people for suspected immigration offenses. 

(Sen. Booker Press Release)

Overview

U.S. Immigration and Customs Enforcement (ICE) 287(g) Program enhances the safety and security of communities by creating partnerships with state and local law enforcement agencies to identify and remove aliens who are amenable to removal from the United States.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 added Section 287(g), to the Immigration and Nationality Act. This section of law authorizes the Director of ICE to enter into agreements with state and local law enforcement agencies, that permit designated officers to perform limited immigration law enforcement functions. Agreements under section 287(g) require the local law enforcement officers to receive appropriate training and to function under the supervision of ICE officers.

The 287(g) Program continues to receive overwhelmingly positive feedback from its partners. The mutually beneficial agreements allow state and local officers to act as a force multiplier in the identification, arrest, and service of warrants and detainers of incarcerated foreign-born individuals with criminal charges or convictions. Those deemed amenable to removal are identified while still secure in state or local custody, potentially reducing the time the alien spends in ICE custody. The state and local partners benefit by reducing the number of criminal offenders that are released back into the community without being screened for immigration violations. Gang members, sex offenders, and murderers are often identified and taken into ICE custody after serving their criminal sentences, thus being removed from the community. The efficiency and safety of the program allows ICE to actively engage criminal alien offenders while incarcerated in a secure and controlled environment as opposed to the alternative of conducting at-large arrests which can pose safety concerns for the officers and the community and may result in collateral arrests. Federal, state and local officers working together provide a tremendous benefit to public safety through increased law enforcement communication and overall community policing effectiveness. (Source: ICE)