More local police departments are partnering with ICE through the 287G program, raising a serious national question. Can the United States enforce immigration law while still protecting community trust, crime reporting, public safety, and due process for immigrant families?
The 287G program comes from federal immigration law and allows the federal government to enter into written agreements with state and local law enforcement agencies. Under the statute, properly trained local officers may perform specific immigration officer functions involving investigation, apprehension, or detention, but only under federal direction and supervision. The law also requires written agreements, training, defined powers, and compliance with federal immigration law.
ICE describes 287G as a way for state, local, and tribal law enforcement agencies to help enforce certain parts of United States immigration law. ICE currently identifies three major models: the Jail Enforcement Model, the Task Force Model, and the Warrant Service Officer program. The Jail Enforcement Model focuses on people in local custody with pending or active criminal charges. The Task Force Model allows limited immigration authority during routine police duties with ICE oversight. The Warrant Service Officer program allows trained local officers to serve and execute ICE administrative warrants in a jail setting.
This issue is getting national attention because participation has expanded rapidly. DHS announced in September 2025 that ICE had reached more than 1,000 287G partnerships with state and local law enforcement agencies. ProPublica reported that ICE had initiated 514 new agreements across 40 states since January 2025, and that local and state departments had signed 649 agreements as of June 6, 2025, compared with 135 agreements in January.
That growth is why immigrant families are asking practical questions. What happens during a traffic stop? What happens after an arrest? Can local police ask about immigration status? Can someone be transferred to ICE after a minor offense? The answer depends on the state, the city, the police agency, the type of 287G agreement, the facts of the stop or arrest, and the person’s immigration history.
Supporters of 287G argue that local police should be able to cooperate with ICE when someone is removable and has committed a serious crime. ICE says the program helps law enforcement identify and remove people who undermine public safety and allows local officers to access ICE resources and training. DHS has framed the expansion as a tool to remove individuals it describes as the worst of the worst from American communities.
That concern cannot simply be dismissed. Communities want safety. Victims want protection. Local police want tools to respond to serious criminal conduct. A lawful immigration system must be able to distinguish between a person who presents a real danger and a person whose only issue is civil immigration status.
The other side of the debate is just as important. When local police are viewed as immigration agents, immigrant communities may become afraid to report crimes, call 911, testify as witnesses, seek help during domestic violence, or cooperate with investigations. That can make everyone less safe, including citizens, lawful permanent residents, undocumented immigrants, and mixed status families.
Research supports that concern. A National Institute of Justice funded study found no evidence that 287G arrangements produced meaningful crime reduction benefits, while noting concerns about racial profiling and local oversight. A separate National Bureau of Economic Research working paper on interior immigration enforcement and public safety studied Secure Communities and found that heightened enforcement did not reduce overall offending and reduced the likelihood that Hispanic victims reported crime to police.
This is the heart of the issue. Immigration enforcement may be aimed at removal, but local policing depends on trust. If victims and witnesses are afraid to speak, criminals benefit.
Even supporters of immigration enforcement should care about oversight. The Government Accountability Office reported that the 287G program expanded from 35 agreements in January 2017 to 150 agreements by September 2020, and found that ICE did not have clear policies for some oversight responsibilities or a full oversight mechanism for certain participants. GAO recommended that ICE establish performance goals, assess program composition, and improve oversight.
That matters because immigration law is complicated. A local officer may understand criminal law, but immigration status is often not obvious. A person can be undocumented, have a pending asylum case, have Temporary Protected Status, have parole, have a work permit, have a pending green card application, or have a prior order that may still be legally challengeable. Mistakes can separate families and place people in detention before the full legal picture is understood.
For New York families, this issue is especially important because state and local cooperation rules continue to be debated. Governor Kathy Hochul announced legislation in 2026 intended to prohibit local law enforcement from being deputized by ICE for federal civil immigration enforcement and to eliminate 287G agreements in New York. The governor’s office stated that the proposal would not prevent local law enforcement or state police from working with federal law enforcement in criminal investigations.
That distinction is important. Many people hear ICE and police in the same sentence and panic. The legal question is more specific. Is this a criminal investigation? Is it civil immigration enforcement? Is there a judicial warrant? Is there an ICE administrative warrant? Is there a state law limit? Is there a local policy? The answer can change what police may do and what rights a person may assert.
Immigrant families should not wait until an emergency to create a plan. Every family should know each person’s current immigration status, keep copies of immigration documents, save court notices, track work permit expiration dates, and make sure someone trusted can reach an attorney if there is a stop, arrest, or ICE transfer.
Lawful permanent residents should keep proof of status available and review whether they are eligible for naturalization. People with pending immigration cases should confirm all court dates and update addresses with the proper agencies. People with prior arrests should have an immigration attorney review certified criminal records before traveling, applying for benefits, or assuming the case is closed.
No one should lie to police or ICE. No one should sign immigration documents they do not understand. No one should miss immigration court. No one should assume that a minor criminal charge has no immigration consequence.
A major concern with local police and ICE cooperation is that victims may become afraid to report crimes. That fear is understandable, but victims should know that immigration law includes protections. USCIS explains that U nonimmigrant status is available for victims of certain crimes who suffered mental or physical abuse and are helpful to law enforcement in the investigation or prosecution of criminal activity. USCIS also recognizes humanitarian protections for victims of human trafficking, domestic violence, abandonment, neglect, abuse, and other serious harm.
This is why legal advice is so important. A person who is afraid to report a crime may actually have a pathway to protection, work authorization, and eventually permanent residence depending on the facts. An immigration attorney can help evaluate U visa, T visa, VAWA, asylum, Special Immigrant Juvenile classification, cancellation of removal, family petitions, and other possible relief.
The national conversation does not have to be all or nothing. It is possible to support secure borders and still recognize that local police need community trust to solve crimes. It is possible to remove people who present genuine public safety threats and still protect victims, witnesses, children, workers, and law abiding families from unnecessary fear.
The best immigration policy should be focused, transparent, lawful, and fair. It should identify serious threats without turning every traffic stop, every 911 call, and every courthouse visit into an immigration crisis. For immigrant families, the best response is not fear. It is preparation.
At The Law Offices of Spar and Bernstein, we understand that 287G agreements are not just policy debates. They affect real people who are trying to work, raise children, report crimes, travel safely, renew documents, and stay with their families.
Our immigration team can review your status, analyze prior arrests, prepare deportation defense, respond to ICE detention, request bond where available, file family petitions, pursue humanitarian relief, assist crime victims, and create a strategy before a local police encounter becomes an immigration emergency.
The expansion of 287G partnerships is a reminder that immigrants should know their rights and know their options. With experienced legal guidance, families can move from uncertainty to action and protect their future in the United States.
