The Department of Homeland Security has started signing agreements with local law enforcement agencies to assist with federal immigration operations, with a nominee for a top post at the department telling senators Tuesday it would be a “major initiative.”
The U.S. Immigrations and Customs Enforcement website lists 20 agencies that signed up to participate in what is known as the 287(g) program since Trump signed an executive order last month directing the DHS to revive it. ICE lists another 56 as pending as of Monday, with 25 of those in Florida.
Homeland Security Secretary Kristi Noem, after attending a Senate confirmation hearing Tuesday for Troy Edgar to be DHS deputy secretary, told reporters the department has been working with “local leaders to get a lot of these folks in custody and get them out of the country.”
“We’ve literally had hundreds of local law enforcement, state law enforcement, that have signed up now — that’ll help us build momentum,” Noem said. She also alluded to a trip to Florida on the issue soon.
Section 287(g) of the Immigration and Nationality Act allows the Department of Homeland Security to enter into agreements with state and local law enforcement agencies to delegate to them certain federal immigration enforcement authorities.
In general, deputized officers have authority that include being able to interview individuals to ascertain their immigration status; issue immigration detainers to hold individuals until ICE takes custody; and issue a Notice to Appear (NTA), which is the official charging document that begins the removal process, according to a fact sheet from the American Immigration Council.
Florida Gov. Ron DeSantis touted in a social media post on Wednesday his state’s participation in the 287(g) program, which he said is “essential to fulfilling President Trump’s mandate to remove illegal aliens and restore order.”
“The program was dormant under the Biden Administration, but the Trump Administration has revived it,” DeSantis wrote. “The 287(g) agreements I announced today will further empower more Florida law enforcement agencies to help ICE carry out immigration enforcement operations as swiftly and efficiently as possible.”
At the Senate Homeland Security and Governmental Affairs Committee hearing, Sen. Ashley Moody, R-Fla., said that “getting people that are known to commit crimes against our citizens out of here as fast as possible, that has to be our No. 1 priority.”
Moody asked Edgar if he would commit to “additional funding for salaries, training equipment for those agencies that either want to cooperate with you and be part of 287(g) program,” such as her own state of Florida.
Edgar responded he would, and that new commitments would be made in the coming days, potentially alluding to Noem’s potential upcoming trip to Florida.
“You absolutely have my commitment, and you’ll probably hear in the next week or two,” Edgar said. “Secretary Noem, who’s been working aggressively with the state of Florida — I think you guys are going to be the first ones coming out with us. It’s a pretty major initiative.”
“Your delegation of sheriffs have come and actually had an opportunity to meet with the secretary and her staff,” Edgar told Moody. “We’re looking forward to working with the state of Florida.”
Sen. Ruben Gallego, D-Ariz., raised concerns about the 287(g) program, suggesting that some local law enforcement say it diverts officers from the primary role of combating violent crime in their jurisdictions.
“They’re worried that they’re going to be deputized to go after the local taco vendor,” Gallego said. “They don’t want to be going into farms to look for undocumented migrant workers. It’s not worth their time. It’s not worth the public citizens’ money to do that if you want to go after the hardcore criminals.”
Although Gallego said local law enforcement officials are OK with participating in deportation efforts that might include dangerous criminals, he added “what they’re not fine with is being deputized and made to do everyday.”
Edgar told Gallegos that the 287(g) program is voluntary: “The sheriff’s organizations, the different county sheriffs, sign up for that.”
Gallego acknowledged the usefulness of the program, adding the best 287(g) programs are in the prisons, where ICE can do checks on held migrants. “That that doesn’t actually put a strain on the police, because that the person’s already in custody,” Gallego said.
Edgar defended the collaboration, saying local officials coordinate with Stephen Miller, the White House deputy chief of staff for policy, and the program is “discretionary, whether it’s just in prisons or in jails where we’re actually serving.”
Edgar added the “partnerships would be really critical, important deals,” especially for locating the 300,000 undocumented minors that critics claim the Biden administration had lost. Immigration advocates dispute the characterization of those children being lost.
The Homeland Security panel is set to vote on Edgar’s nomination Thursday.
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