287(g) Program & Immigrant Rights: What to Know
Learn how the 287(g) program lets local police work with ICE, what it means for your immigrant rights, and what steps to take if you are detained.
The 287(g) program allows ICE to delegate immigration enforcement authority to state and local law enforcement agencies under Section 287(g) of the Immigration and Nationality Act (INA). This means local police can identify, process, and detain individuals for immigration violations. If you are stopped by local police in a 287(g) jurisdiction, you may face deportation proceedings even without a federal ICE encounter. Check current participating jurisdictions at ICE.gov.
What Is the 287(g) Program?
Section 287(g) of the INA authorizes the Department of Homeland Security (DHS) to enter into formal agreements — called Memoranda of Agreement (MOA) — with state and local law enforcement agencies. These agreements grant participating officers limited immigration enforcement powers, including the ability to interrogate individuals about immigration status, issue detainers, and initiate deportation proceedings.
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There are two primary models under 287(g):
- Jail Enforcement Model: Officers screen individuals booked into local jails for immigration status, the most widely used model.
- Task Force Model: Officers perform immigration enforcement in the community alongside ICE agents.
Immigration attorney Ilya Fishkin, immigration attorney, advises immigrants to understand which model applies in their county, as this directly affects the risk of detention during routine police encounters.
When Does 287(g) Apply to You?
The 287(g) program may affect you if:
- You are arrested or booked into a county or city jail in a participating jurisdiction — even for a minor offense.
- You reside in a jurisdiction that has signed an MOA with ICE.
- You have an outstanding order of removal, a prior deportation, or unresolved immigration status.
- You are undocumented or have a visa overstay on record.
A routine traffic stop that leads to arrest in a 287(g) county can trigger an immigration detainer, which asks the jail to hold you for up to 48 hours beyond your release date so ICE can take custody.
Steps to Protect Your Rights in a 287(g) Jurisdiction
- Know your jurisdiction: Check whether your county has a 287(g) agreement with ICE by visiting the official ICE website at ice.gov.
- Exercise your right to remain silent: You are not required to answer questions about your immigration status. Clearly state: "I am exercising my right to remain silent."
- Do not sign anything: Refuse to sign any document — including a voluntary departure agreement — without consulting an attorney first. Signing can waive your right to a hearing.
- Contact an immigration attorney immediately: If detained, request to speak with a lawyer. You have the right to counsel in deportation proceedings, though not at government expense.
- Challenge the detainer if applicable: An immigration detainer is a request, not a court order. Consult an attorney about whether your jurisdiction is legally required to honor it.
- Know your appeal deadlines: If an order of removal is issued, you have 30 days to appeal. A motion to reopen must generally be filed within 90 days. Missing these deadlines can eliminate your options.
What the Law Says: INA §287(g)
The legal basis for this program is INA §287(g), codified at 8 U.S.C. §1357(g). It was added by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and has been expanded and revised multiple times since. The statute requires that participating officers receive ICE training and that all enforcement actions comply with federal civil rights laws, including protections against racial profiling under the Fourth and Fourteenth Amendments.
Oversight of 287(g) agreements falls under the Department of Justice (DOJ), which can investigate civil rights complaints against participating agencies. If you believe your rights were violated during a 287(g) enforcement action, you may file a complaint with the DOJ Civil Rights Division.
Voluntary departure — an alternative to a formal order of removal — may be granted for a maximum period of 120 days if requested before an immigration judge. This option preserves more immigration options than a formal deportation order but must be carefully evaluated with legal counsel.
This material is for informational purposes only and does not constitute legal advice.
Frequently Asked Questions
can local police check immigration status without ICE
In jurisdictions with a 287(g) agreement, yes — trained local officers are authorized to inquire about immigration status, issue detainers, and begin deportation proceedings without a separate ICE agent present. In non-287(g) jurisdictions, local police generally cannot enforce federal immigration law.
what is an immigration detainer and do I have to stay in jail
An immigration detainer (Form I-247A) is a written request from ICE asking a jail to hold you for up to 48 hours past your release date. It is a request, not a court order. Some jurisdictions are not legally required to honor detainers — consult an immigration attorney immediately to challenge an unlawful hold.
287g program which states and counties participate
Participating jurisdictions span dozens of counties across many states, concentrated in the Southeast, Southwest, and parts of the Midwest. The full, up-to-date list of MOA partners is published on the official ICE website at ice.gov. Participation changes as agreements are signed, renewed, or terminated.
what happens if I miss the deadline to appeal a deportation order
If you miss the 30-day window to appeal an order of removal to the Board of Immigration Appeals (BIA), or the 90-day deadline to file a motion to reopen, your options narrow significantly. In rare cases, motions to reopen may be filed beyond 90 days based on changed country conditions or fraud. Speak with an immigration attorney immediately — delays make the situation harder to reverse.