How do 287(g) agreements change local police authority and accountability during immigration operations?

Checked on December 19, 2025
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Executive summary

287(g) agreements formally delegate specific federal immigration enforcement powers to designated state or local officers, changing routine local roles by authorizing them to identify, arrest, and process people for immigration violations under ICE supervision [1][2]; the shift expands street-level authority in some models while raising persistent questions about oversight, training, and impacts on community policing [3][4].

1. How 287(g) rewrites local police authority

At its core 287(g) is a federal delegation: ICE signs written agreements that permit participating state or local agencies to “perform certain functions of an immigration officer,” including database searches and interviews to identify noncitizens, effectively turning designated officers into agents of federal immigration enforcement while they are acting under that delegated authority [2][1].

2. Models matter — jail MOA versus task-force reach

Not all 287(g) accords are the same; the common “jail” model limits immigration activity to correctional settings where officers screen people already booked, while the more controversial task-force model grants street-level authority to question and arrest people for immigration violations during patrols, traffic stops, and neighborhood encounters—broadening where and how local officers exercise heightened immigration powers [1][3].

3. Training, supervision and the accountability gap

ICE requires training of delegated officers, but critics and federal auditors have repeatedly flagged weaknesses: a GAO finding that ICE failed to set program performance goals and measures of oversight, and concerns that some models require minimal training—e.g., an eight-hour WSO variant—create gaps in consistent legal knowledge and oversight that complicate accountability [4][3]; DHS OIG audits prompted revisions intended to increase oversight, but watchdogs still point to inconsistent supervision across sites [5].

4. How 287(g) shifts who is accountable and to whom

When local officers act under a 287(g) agreement they exercise delegated federal authority while remaining employees of local agencies, producing a hybrid accountability structure: federal supervision is supposed to monitor immigration functions, yet local jurisdictions retain control over hiring, discipline, and day-to-day conduct, which has led to disputes over whether misconduct or civil-rights harms are prosecuted or remedied at the local or federal level [2][4].

5. Effects on policing, profiling concerns and community trust

Civil‑rights groups and local studies show that 287(g) presence can change policing behavior beyond formal authorities: the program has been associated with increased immigration-related arrests for low‑level offenses in some counties and raised fears of racial profiling and erosion of community trust that can deter cooperation with police [6][7]; ICE and proponents counter that the program prioritizes individuals with criminal records, a public‑safety justification that informs many local adoptions [7].

6. Political responses, limits and local pushback

State and local politics shape accountability: several states have passed laws restricting local participation in 287(g), and communities have imposed local ordinances or oversight measures to limit how agencies cooperate with ICE, demonstrating that municipal policy choices can re-impose constraints even after a MOA is signed [8][9]; civil-society groups press for transparency and stricter oversight while some sheriffs and police associations defend the program as a tool for addressing crime [9][10].

7. Bottom line — expanded power, uneven oversight

287(g) alters local police authority by formally delegating federal immigration functions into local agencies and, in some configurations, extending that authority into everyday policing; the result is an expansion of enforcement power coupled with uneven training, oversight, and accountability mechanisms that have generated legal scrutiny, community resistance, and policy efforts to curb or regulate participation [2][4][3].

Want to dive deeper?
How have GAO and DHS OIG audits evaluated ICE oversight of 287(g) and what reforms did they recommend?
What differences exist between jail-based and task-force 287(g) memoranda of agreement in practice?
Which states have enacted laws restricting local participation in 287(g) and what mechanisms do those laws use to limit cooperation?