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What a 287(g) agreement authorizes
Section 287(g)(1) of the Immigration and Nationality Act permits ICE to delegate specified immigration-officer functions to state and local law-enforcement personnel under ICE direction and supervision. ICE describes the program and its models on its 287(g) program page.
In practice, the agreement identifies the personnel and functions covered. For example, the 2025 MOA between ICE and the South Carolina Law Enforcement Division (SLED) provides for ICE to nominate, train and approve selected personnel to perform certain functions within the agency’s jurisdiction. It limits ICE direction and supervision to those delegated immigration functions; other work remains under local supervision. See the SLED Task Force Model MOA, revised February 12, 2025.
The models have different settings
- Jail Enforcement Model: ICE describes designated officers as identifying and processing people who may be removable and have pending or active criminal charges while they are in the agency’s jail or detention facility.
- Task Force Model: ICE describes participating local officers as exercising limited immigration authority during routine police duties.
- Warrant Service Officer agreements: A separate 2025 Garrett County agreement illustrates a limited, jail-based role intended to facilitate transfer to ICE at scheduled release from criminal custody. See the Garrett County Sheriff’s Office Warrant Service Officer Program MOA, revised February 15, 2025.
These are program descriptions and examples, not proof that every agreement assigns the same powers. In the 2025 Walker County Sheriff’s Office Jail Enforcement MOA, participating personnel may perform only functions set out in that agreement’s standard operating procedures. That agreement focuses on people arrested and booked into the county jail and provides that ICE assumes custody only after release from local custody. See the Walker County Jail Enforcement Model MOA, revised February 15, 2025.
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What it does not authorize
It is not blanket authority for every officer
Participation by an agency does not itself authorize all its officers to perform immigration functions. The SLED and Walker County agreements tie delegated work to participating personnel and the functions specified in the relevant MOA and procedures. An officer’s title or employment by a participating agency is not enough to establish that the officer has a particular delegated authority.
It does not put all police work under ICE supervision
In the SLED agreement, ICE direction and supervision apply to the immigration-enforcement functions authorized by the MOA. The agreement leaves other employment supervision with SLED. That allocation is an example from one agreement; check the relevant MOA rather than assuming identical terms elsewhere.
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It does not make a detainer the same as a warrant
An immigration detainer, a judicial warrant, an arrest, immigration processing, a custody transfer and removal are distinct things. ICE says that only ICE officers and designated 287(g) officers may issue immigration detainers. ICE’s detainer guidance also says its policy requires probable cause to believe the person is removable before ICE issues a detainer. That policy statement concerns detainer issuance; it should not be read as a universal description of the legal standard for every function under every 287(g) agreement. See ICE’s Immigration Detainers guidance.
It does not guarantee reimbursement
ICE identifies the Department of Justice’s State Criminal Alien Assistance Program (SCAAP), which may provide funding for specified incarceration costs, as separate from 287(g). Participation in 287(g) therefore should not be treated as a promise of reimbursement. The cited program materials do not establish a complete accounting of local costs or the financial terms of every agreement.
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How to check what an agency’s agreement allows
Use the current signed MOA and its appendices or operating procedures to assess a specific action. These questions are a practical guide to reading the agreement, not a quoted statutory checklist:
- Is the officer covered? Check whether the officer was nominated, trained and approved under the agreement.
- Does the agreement assign this function? Look for the specific immigration function in the signed MOA, standard operating procedures or relevant appendix.
- Do the setting and conditions fit? Check the agreement’s geography, covered setting and triggering conditions, such as jail custody or routine field duties.
- Who supervises this action? Confirm whether the function is being performed under ICE direction and supervision as required by the agreement.
- Is the agreement still in effect? Check its current status, duration, amendments and termination terms rather than relying on an old copy or a general program description.
When comparing agreements, useful details include the model and setting, approved personnel, exact delegated actions, geography and conditions, supervision, duration and amendment or termination provisions, complaint process, and any custody-transfer terms. The SLED MOA includes duration and complaint procedures, but those details must be verified in each agreement rather than generalized.
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Where to find the controlling terms
Start with ICE’s 287(g) program page to understand the models ICE describes, then locate the currently effective signed MOA for the particular agency. Read the appendices and operating procedures alongside the main agreement; a summary page cannot establish the scope of an individual agency’s delegation. For claims about a local agency, identify its name, the agreement model, the document’s revision date and the relevant provision.
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