Memorandum from DHS Secretary John Kelly and Executive Order, ‘Enhancing Public Safety in the Interior of the United States’ – 287(g)
Click on Title below to view the actual EXECUTIVE ORDER – Issued January 25, 2017. We like Section 8:
Sec. 8. Federal-State Agreements. It is the policy of the executive branch to empower State and local law enforcement agencies across the country to perform the functions of an immigration officer in the interior of the United States to the maximum extent permitted by law.
(a) In furtherance of this policy, the Secretary shall immediately take appropriate action to engage with the Governors of the States, as well as local officials, for the purpose of preparing to enter into agreements under section 287(g) of the INA (8 U.S.C. 1357(g)).
(b) To the extent permitted by law and with the consent of State or local officials, as appropriate, the Secretary shall take appropriate action, through agreements under section 287(g) of the INA, or otherwise, to authorize State and local law enforcement officials, as the Secretary determines are qualified and appropriate, to perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United States under the direction and the supervision of the Secretary. Such authorization shall be in addition to, rather than in place of, Federal performance of these duties.
(c) To the extent permitted by law, the Secretary may structure each agreement under section 287(g) of the INA in a manner that provides the most effective model for enforcing Federal immigration laws for that jurisdiction.
Executive Order: Enhancing Public Safety in the Interior of the United States
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Click on Memorandum to view full document. We like the bottom half of Section B:
To the greatest extent practicable, the Director of ICE and Commissionerof CBP shall expand the 287(g) Program to include all qualified law enforcement agencies that request to participate and meet all program requirements. In furtherance ofthis direction and theguidance memorandum, “Implementing the President’s Border Security and ImmigrationEnforcement Improvements Policies” (Feb. 20, 2017), the Commissioner of CBP is authorized, in addition to the Director ofICE, to accept State services and take other actions as appropriate tocarry out immigration enforcement pursuant to section 287(g) o f the INA.
