The Trump administration, preparing to implement a plan for mass deportations, is revitalizing the 287(g) program as a central part of its anti-immigration strategy.
This program allows local law enforcement agencies to collaborate directly with the Immigration and Customs Enforcement (ICE) to identify and deport undocumented immigrants.
While his supporters view it as a tool to enhance public safety, his critics describe it as a catalyst for racial discrimination and a source of fear within immigrant communities.
What is the 287(g) Program?
The 287(g) Program was introduced in 1996 under the Illegal Immigration Reform and Immigrant Responsibility Act.
This program allows ICE to delegate certain immigration control functions to state and local law enforcement agencies, under the supervision of the federal agency.
According to ICE, its primary objective is to "identify and remove non-citizens who are subject to removal from the United States."
In practice, this means that trained officers can access immigration databases and issue detainment orders for individuals arrested for local offenses, keeping them in custody while ICE determines their deportation.
According to official data from ICE, in May 2024, a total of 60 law enforcement agencies in 16 states were participating in the JEM model (Law Enforcement in Prisons), while another 75 agencies in 11 states operated under a more limited model.
In fiscal year (FY) 2022, the Program 287(g) identified approximately 492 non-citizens convicted of assault, 696 convicted of dangerous drug offenses, 254 convicted of sexual offenses/assaults, 171 convicted of obstructing police, 117 convicted of weapons offenses, and 36 convicted of homicide, according to a report from ICE on its website.
Defenders and critics
Proponents of the program, such as Jeffrey Gahler, sheriff of Harford County in Maryland, assert that it is not about "stopping people on the street and saying 'show me your papers,'" but rather about taking action against individuals arrested for crimes.
According to Gahler, "undocumented immigrants must take responsibility for their illegal actions, in addition to violating immigration laws."
However, for organizations such as the American Civil Liberties Union (ACLU), the program promotes racial discrimination and undermines trust between immigrant communities and law enforcement.
Todd Schulte from FWD.us emphasized that this policy "harms families, worsens public safety, and damages the economy."
Even within ICE, there are debates about the program's efficiency.
According to Jason Houser, former chief of staff of the agency, in rural areas, resources spent on training local officers could be better utilized in more effective activities, such as tracking down immigrants with serious criminal records.
Perspectives of the Program during the Trump Administration
Trump's return to power promises to intensify mass deportations and fully reactivate this program.
"On the first day, President Trump will activate all levers of his power to secure the border and launch the largest operation of mass deportation of illegal immigrant criminals in history," said Karoline Leavitt, spokesperson for Trump's transition team.
During his recent visit to Texas, Tom Homan, former acting director of ICE and current key immigration advisor, stated: "We are not going to wait until January. We are going to implement a plan and protect this nation."
Additionally, he promised to "take the handcuffs off ICE," a phrase that has been interpreted as a commitment to ease the previous restrictions imposed on the agency during the Joe Biden administration.
Program 287(g) could become a legal battleground, pitting local governments against the Federal Administration.
Criticism of the program intensifies when examining cases of abuse and the lack of training among local forces to take on immigration duties, as highlighted by multiple activists and organizations.
With Donald Trump's inauguration, the 287(g) program seems poised to become a central element of his immigration policy. However, its revitalization also promises to trigger legal and social conflicts that could persist throughout his administration.
Frequently Asked Questions about Donald Trump's Mass Deportation Plan
What is the 287(g) Program and what is its objective?
The 287(g) Program allows local law enforcement agencies to collaborate directly with Immigration and Customs Enforcement (ICE) to identify and deport undocumented immigrants. The primary objective of this program is to "identify and remove non-citizens who are subject to removal from the United States," delegating certain immigration enforcement functions to state and local police.
What are the most common criticisms of the 287(g) Program?
Criticism of the 287(g) Program includes accusations of racial discrimination and the creation of a climate of fear in immigrant communities. Organizations such as the ACLU warn that the program undermines trust between immigrant communities and law enforcement and point out the lack of preparedness among local forces to take on immigration roles.
What does Donald Trump's plan to declare a national emergency to facilitate deportations involve?
Donald Trump's plan to declare a national emergency includes deploying the military to carry out mass deportations. Trump may rely on the Foreign Enemies Act, which allows for the expulsion of individuals without due legal process. This measure aims to intensify anti-immigration policies and could face significant legal challenges.
How does Donald Trump plan to use the suspension of visas as a tool in his immigration policy?
Trump plans to utilize Section 243(d) of the Immigration and Nationality Act to suspend visa issuance to countries that do not accept their deported citizens. This strategy could significantly alter international diplomatic relations and is part of his plan to escalate mass deportations.
What changes are expected with the reactivation of the 287(g) Program under the Trump administration?
With Trump's return to power, it is expected that the 287(g) program will be reactivated to its full potential, becoming a central element of his immigration policy. This could trigger prolonged legal and social conflicts during his term, due to the controversy it generates over its focus on the mass deportation of undocumented immigrants.
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