Unprecedented Expansion of 287(g)
The Department of Homeland Security has signed 287(g) agreements with approximately 80 new law enforcement agencies in 2026, bringing the total number of participating jurisdictions to over 300 nationwide. Section 287(g) of the Immigration and Nationality Act authorizes DHS to deputize state and local law enforcement officers to perform certain immigration enforcement functions, including identifying, processing, and detaining noncitizens encountered during regular policing activities.
How 287(g) Works
Under a 287(g) agreement, designated local officers receive ICE training and can question individuals about their immigration status during lawful stops, issue ICE detainers, access DHS immigration databases, process and hold individuals for ICE transfer, and serve as ICE officers within the scope of the agreement. There are two models: the Jail Enforcement Model (officers screen individuals booked into county jails) and the Warrant Service Officer model (officers serve administrative immigration warrants). The jail model is most common, but the warrant model has expanded significantly in 2026.
Where 287(g) Is Expanding
The largest expansion has occurred in southeastern and southwestern states — Texas, Florida, Georgia, North Carolina, South Carolina, Alabama, Louisiana, and Arizona account for the majority of new agreements. Several midwestern states including Ohio, Indiana, and Missouri have also added participating agencies. States with statewide sanctuary policies (California, Illinois, New York, New Jersey) generally prohibit their agencies from entering 287(g) agreements.
Concerns and Legal Challenges
Civil rights organizations argue that 287(g) programs lead to racial profiling, undermine community trust in local police, and deter crime reporting by immigrant communities. Studies have shown that 287(g) jurisdictions see decreased crime reporting by Latino residents and no measurable impact on overall crime rates. Multiple lawsuits challenge individual 287(g) programs on Fourth Amendment and equal protection grounds. If you are in a 287(g) jurisdiction, know that you have the right to remain silent during any police encounter — you are not required to answer questions about your immigration status.