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Immigrants Belong – Unpacking 287(g)

By Kaitlyn Lott

To put it simply: there is a lot going on. Immigration was a major campaign issue and the United States immigration system as a whole is facing some changes, some upheaval, and some doubling down on already harmful policies during President Trump’s first weeks in office. Let’s take a deep dive into what one of these policies will look like locally.

As a part of President Trump’s “Protecting the American People Against Invasion” – one of many executive orders signed on his first day in office – he has called for the expansion of 287(g) agreements. These refer to Section 287(g) of the Immigration and Nationality Act, and became law in 1996 as a part of the Illegal Immigration Reform and Immigrant Responsibility Act. The 287(g) program allows the federal government to deputize local and state law enforcement, allowing local police departments to operate as federal immigration agents.

There are two types of agreements: the jail enforcement modal (JEM) and the warrant service officer (WSO) model. The JEM allows deputized local and state officers to interrogate any suspected noncitizens who have been arrested – more than half of whom were arrested for simple traffic violations, like speeding, or low-level misdemeanors. Officers can also request for these suspected non-citizens to be held for an additional 48 hours beyond their expected release. WSO models authorize local and state law enforcement to execute ICE warrants and arrest people on behalf of ICE.

Like in the past, local and state jails are being pushed or encouraged to secure ICE detention contracts to hold ICE detainees in state and local jails while they await immigration proceedings. Because these courts do not have specific timetables, ICE detainees can be held indefinitely, often without rights and without the ability to communicate with loved ones. Even though noncitizens have rights, these rights are not always recognized and protected. Immigrants who are detained are required unimpeded access to medical care, interpreters, legal counsel and legal research materials, religious observance, etc.

In 2018, Ignite Peace was invited to a Human Rights Day vigil outside the Butler County Jail, a well-known participant of the 287(g) program. The vigil was to provide a space of mourning for the families separated by the program and the people locked inside. Ignite Peace formed relationships with organizations monitoring conditions within the jail, and held several events over the next few years to draw attention to the issue. In 2020, immigrants within the jail circulated a demand letter for better treatment, which led to a lawsuit and orders from the Biden Administration to address jail conditions. Instead of complying, Sheriff Jones ended their 287(g) contract with ICE in 2021.

287(g) agreements have and will continue to harm our communities. They historically target individuals with little or even no criminal history, increase widespread racial profiling, and damage relationships between police and local communities. Often this leads to less reporting of crimes by members of minority communities out of fear, which then decreases the safety of our communities. This process of separating families, loved ones, and community members is incredibly costly for localities which bear the burden of the program’s operational costs.

The Cincinnati region is estimated to have around 125,075 foreign-born residents which accounts for approximately 5-7% of the population. These people are our neighbors, coworkers, peers in school – and they deserve to stay. Mayor Aftab Pureval has said he values maintaining a strong relationship with the Trump Administration and will not pick fights over the issue. He has also said that local law enforcement will not be involved in upholding immigration laws. Cincinnati’s status as a sanctuary city was established 8 years ago in February of 2017 – meaning that city police would not actively pursue and enforce federal immigration laws against people who are undocumented. It is imperative that we keep this status and that we work to protect our neighbors.

Communities are not built on citizenship – they are built on care, trust, and love for one another. Divisiveness and exclusivity are not what will maintain our communities. Instead, we must combat these destructive efforts with solidarity, radical compassion, and advocacy for systemic change. It will take all of us working together to mitigate the violence of our immigration system and to build new systems that protect immigrant dignity.

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