Law Enforcement Section 287(g) - A Law Enforcement PartnersThu Jul 19, 2007 19:35
Chief says another town wants 287(g)
July 18, 2007
BY NICHOLAS ALAJAKIS firstname.lastname@example.org
Waukegan police are now playing the waiting game.
After his department officially submitted its application for 287(g) certification Tuesday, Waukegan Chief William Biang said they must now wait for reviews and interviews to take place.
Police Chief William Biang said other towns have called him about 287(g).
In the meantime, Biang said he's been contacted by a municipality in California and one in Lake County for information on applying for 287(g) status themselves.
Biang would not reveal which town contacted him.
Waukegan police submitted its application Tuesday to the U.S. Immigration and Customs Enforcement in Washington, D.C. The next step, he said, is for ICE's Washington office to contact reps in Chicago, who will come to Waukegan to interview Biang, Mayor Richard Hyde and other officials to determine how Waukegan intends to use certification.
Biang said he stands by previous statements, that Waukegan will only use ICE-trained officers to identify and deport legal and illegal immigrants who are convicted of violent crimes.
We certainly don't want to confuse or scare the innocent people who are out there, Biang said. "This is about the criminals."
After Chicago agents visit Waukegan, the application needs to be approved before it heads back to ICE officials in Washington.
"I don't think this is going to happen in the next week or two," Biang said. "This could take some time."
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Delegation of Immigration Authority
Immigration and Nationality Act
A Law Enforcement Partnership
Terrorism and criminal activity are most effectively combated through a multiagency/multi-authority approach that encompasses federal, state and local resources, skills and expertise. State and local law enforcement play a critical role in protecting our homeland security because they are often the first responders on the scene when there is an incident or attack against the United States. During the course of daily duties, they will often encounter foreign-born criminals and immigration violators who pose a threat to national security or public safety.
Section 287(g) of the Immigration and Nationality Act
Section 287(g) of the Immigration and Nationality Act
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), effective September 30, 1996, added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act (INA). This authorizes the secretary of the U.S. Department of Homeland Security (DHS) to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers.
The cross-designation between ICE and state and local patrol officers, detectives, investigators and correctional officers working in conjunction with ICE allows these local and state officers:
* necessary resources and latitude to pursue investigations relating to violent crimes, human smuggling, gang/organized crime activity, sexual-related offenses, narcotics smuggling and money laundering; and
* increased resources and support in more remote geographical locations.
Memorandum of Agreement
The MOA defines the scope and limitations of the authority to be designated. It also establishes the supervisory structure for the officers working under the cross-designation and prescribes the agreed upon complaint process governing officer conduct during the life of the MOA. Under the statute, ICE will supervise all cross-designated officers when they exercise their immigration authorities. Once the scope of limitations of the MOA has been reached, the assistant secretary of ICE, and the governor, a senior political entity, or the head of the local agency may sign the MOA, requesting the cross-designation.
In 2002, the Florida Department of Law Enforcement (FDLE), entered into the first agreement under Section 287(g). Thirty-five law enforcement officers, consisting of FDLE agents and state and local officers, participated in the training program. After completion of the training program, they were assigned to seven Regional Domestic Security Task Force locations throughout Florida.
In November 2003, ICE and the Alabama Department of Public Safety (ALDPS) signed an MOA to provide immigration authority to 21 Alabama state troopers. These state troopers also received extensive training in immigration and nationality law and procedures and now have the authority to determine whether or not an individual is an illegal alien and can be removed from the U.S. in addition to their normal duties.
These initiatives have been very successful and have generated hundreds of investigative leads, arrests and convictions for a variety of federal and state charges. These included possession of Fraudulent Alien Registration and Social Security cards, U.S. birth certificates and the arrest of criminal aliens wanted for felonies.
Since then, ICE has signed MOAs with agencies in Arizona, North Carolina and California and provided cross-designation training to Arizona Department of Corrections officers and Los Angeles and San Bernardino County jail custody specialists. ICE also signed another MOA and trained additional staff for the FDLE and ALDPS.
Criminal Alien Program (CAP)
Under current MOAs, 287(g) participants in Arizona and California currently ensure that criminal aliens incarcerated within federal, state and local facilities are not released into the community upon completion of their sentences. ICE is working to expand 287(g) authority to local and county correctional facilities that are not operational within normal ICE jurisdictions. The expansion of the 287(g) program into smaller county and local correctional facilities will act as a force multiplier for CAP and have a positive impact on this important program.
Florida’s Collier County deputy sheriffs arrested 20 individuals attempting to purchase fraudulently obtained state drivers licenses. All individuals were convicted on state driver license fraud charges and the 18 illegal aliens were removed from the U.S. after serving their sentences.
In Alabama, 27 individuals were convicted of federal charges after attempting to obtain an Alabama drivers license using fraudulent documents. Thirteen individuals were convicted of state charges that include narcotics violations and possession of forged instruments.
In November, 2005, the Arizona Department of Corrections (ADC) began processing alien inmates at their Intake Center as part of the 287(G) program. By processing aliens who met the criteria for early release and turning them over to ICE for removal, the ADC has realized a cost savings of $2,985,655 and a savings of 53,135 bed days.
Officer Selection Requirement
* U.S. citizen;
* Current background investigation completed;
* Minimum two years experience in current position; and
* No disciplinary actions pending.
ICE offers two training programs including a five-week program for field level law enforcement officers and a four-week program for correctional personnel. The U.S. Immigration and Customs Enforcement Academy sets standards and testing. Certified instructors conduct the training.
For more information on Section 287(g) of the Immigration and Nationality Act, please visit the FAQ page or you may request an information packet via the Section 287g form.
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