The Trump administration is considering a major shift in immigration enforcement by expanding a federal program that would allow local sheriffs to act as immigration agents, according to the New York Post. This move is aimed at bolstering deportations by enabling local law enforcement to assist in the identification and detention of illegal immigrants during their regular duties.
President-elect Donald Trump’s team is exploring an expansion of the 287(g) program to give local sheriffs more authority in immigration enforcement, potentially ramping up mass deportations across the U.S.
The 287(g) program, which was established in 1996 under President Bill Clinton, currently allows federal immigration agents (ICE) to partner with local law enforcement to identify and deport criminal noncitizens who are incarcerated. The program is voluntary and provides local law enforcement the authority to alert ICE about illegal immigrants in their custody or to hold them for ICE after they are arrested on separate criminal charges.
Under the Trump administration's proposal, the program could be expanded to allow local law enforcement to make immigration-related arrests during their routine duties. This expanded authority would enable local deputies to stop and detain individuals suspected of being in the U.S. illegally without requiring them to first face a separate criminal charge. According to sources familiar with the plan, the administration is also considering reviving a task force model, which was phased out in 2012, that would enable deputies to make immigration arrests more frequently.
The task force model, which is favored by Tom Homan, the former acting director of ICE and now a key advisor in Trump's administration, would result in more frequent arrests of illegal immigrants. Homan believes that the increased visibility of such arrests could serve as a deterrent for individuals considering illegal immigration.
Sheriffs across the country have shown a willingness to cooperate with the expanded 287(g) program, provided they receive the necessary federal funding to implement it. Jonathan Thompson, the executive director of the National Sheriffs’ Association, emphasized that significant financial support would be needed to house, feed, and provide healthcare for detained migrants. Thompson stated that his association would advocate for federal funds from both the president and Congress to ensure the initiative's success.
Sheriffs are not alone in supporting the proposal. Thaddeus Cleveland, the sheriff of Terrell County, Texas, also expressed his support, calling the 287(g) program a “terrific tool” that strengthens local law enforcement’s ability to secure communities. He emphasized that with expanded use, the program could increase deportations from both state and local jurisdictions, improving public safety by removing illegal immigrants who have committed crimes.
While many sheriff’s offices are willing to cooperate with ICE, some are restricted by local sanctuary laws. These laws limit or prevent local law enforcement from working with federal immigration authorities. However, under the proposed expansion, some sheriff’s offices could be exempt from these laws, especially if they already have existing agreements with ICE or are involved in emergency situations.
One of the most controversial aspects of the proposal is the possibility of financial incentives and penalties for local jurisdictions based on their cooperation with the expanded 287(g) program. Localities that participate in the program could receive increased federal funding, while those that refuse to cooperate might see funding cuts. This approach would redirect billions of dollars typically allocated to cities and nonprofits working on migrant assistance at the border to local agencies aiding in deportation efforts.
In New York, the Rensselaer County Sheriff’s Office has participated in the 287(g) program since October 2018. The department has made over 350 encounters with unlawfully present noncitizens. However, New York State’s sanctuary policies restrict state law enforcement from cooperating with ICE. Local sheriffs, however, may still notify ICE about arrests, though they are prohibited from holding individuals longer than necessary for criminal proceedings.
Rensselaer County's participation is limited to checking federal databases and alerting ICE about the release dates of certain inmates. The state's sanctuary laws also prohibit local law enforcement agencies like those in New York City from participating in the program, making it one of the most significant areas of resistance to the expanded use of 287(g).
Despite support from law enforcement officials like Cleveland and Thompson, the proposed expansion of 287(g) faces resistance from local officials in areas that have enacted sanctuary policies. These policies, which aim to limit local law enforcement’s involvement in federal immigration matters, have created a divide in how different jurisdictions approach cooperation with ICE.
In particular, New York’s sanctuary laws, which restrict cooperation with federal immigration enforcement, have made the state a focal point of the debate over 287(g) expansion. While local sheriffs are allowed to cooperate with ICE on an individual basis, the state’s appeal court ruling in 2018 further limits the scope of such cooperation, specifically prohibiting the detention of individuals for ICE once they are eligible for release.
Thompson acknowledged that some sheriff’s offices in sanctuary areas might still be able to cooperate with ICE if they have pre-existing agreements. He also suggested that emergency situations could allow for exceptions.
A major concern for law enforcement agencies is the cost of implementing the expanded 287(g) program. Thompson has been vocal about the financial challenges posed by this initiative, particularly in terms of the housing, medical care, and feeding of detained migrants. He warned that the federal government must provide sufficient funding to ensure the program's effectiveness, as many local jurisdictions already struggle with their existing resources.
Cleveland echoed these concerns, noting that the resources required to enforce the expanded immigration program could be substantial. However, he believes that if properly implemented, the program could significantly help in securing communities, especially in rural areas where resources are often stretched thin.
The Trump administration has not yet responded to media inquiries regarding the specifics of the plan, leaving questions about its timeline and implementation up in the air. Despite this, local sheriffs and immigration officials remain optimistic that the expansion of 287(g) could lead to more effective immigration enforcement and greater collaboration between local law enforcement and federal agencies.
As the Trump administration moves forward with its proposal, the debate over local law enforcement’s role in immigration enforcement is likely to intensify. If implemented, the expanded 287(g) program could dramatically change how local and federal agencies cooperate on immigration issues, particularly in states with sanctuary laws. With financial incentives and penalties in play, the coming months will determine whether this ambitious plan gains traction or faces pushback from local governments concerned about its costs and implications for community relations.
Local law enforcement officials have made it clear that while they are open to assisting with immigration enforcement, funding and support from the federal government will be critical to the success of any expanded program.
