287(g): ICE Deputizing Local Law Enforcement Harms Migrants and Local Communities

Section 287(g) of the Immigration and Nationality Act authorizes the United States Immigration and Customs Enforcement (ICE) to form agreements with local law enforcement departments; deputizing them for ICE’s objectives while they continue to serve their local municipalities. This program has resulted in racial profiling, the stripping of liberties, and wrongful detentions. In recent years, municipalities have signed 287(g) agreements at a staggering rate. The UN Committee on the Elimination of Racial Discrimination issued a report pleading for the US to end this practice, yet there seems to be no end in sight.

In this essay, I hope to explain the inherent issues with allowing a program like this to continue, the legal strategies for reforming/abolishing this program, and potential alternatives that will have better outcomes for all.