Friday, Jun. 6, 2025

Are 287(g) agreements voluntary according to federal law?

Isabella Aldrete, The Nevada Independent

yes

Participating in 287(g) agreements is voluntary, according to the Congressional Research Service.

The 287(g) program enables Immigration and Customs Enforcement (ICE) to partner with state and local law enforcement agencies to perform some of the duties of immigration officers.

President Donald Trump’s administration has labeled some jurisdictions not partaking in the program as “obstructing the enforcement of Federal immigration laws.” But multiple court cases have ruled that forcing states to carry out federal immigration policy goes against the 10th Amendment.

Currently, individual law enforcement agencies apply to the program and choose the specific scope of the agreement. Although there is no federal law requiring participation in 287(g), some states, such as Florida, have issued directives mandating local police enter those agreements.

This fact brief is responsive to conversations such as this one.

Sources

Congress.gov The 287(g) Program: State and Local Immigration Enforcement
U.S. Immigration and Customs Enforcement Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act
Department of Homeland Security DHS Exposes Sanctuary Jurisdictions Defying Federal Immigration Law
National Immigration Forum Are Sanctuary Policies Unlawful? State and Municipal
Executive Office of the Governor Ron DeSantis Governor Ron DeSantis Announces Additional Memoranda of Agreement between Florida Law Enforcement and U.S. Immigration and Customs Enforcement

About fact briefs

Fact briefs are bite-sized, well-sourced explanations that offer clear "yes" or "no" answers to questions, confusions, and unsupported claims circulating online. They rely on publicly available data and documents, often from the original source. Fact briefs are written and published by Gigafact contributor publications.

See all fact briefs

The Nevada Independent is a nonpartisan, nonprofit news and opinion website founded in 2017 by veteran political journalist and commentator Jon Ralston. The site and its supporting channels are focused on ethical, unbiased and transparent journalism. In general, we aim to gather and disseminate important public information and increase civic engagement. We are supported by corporate donations, memberships, event ticket sales and sponsorships and foundation grants. We disclose all our members and donors. Donors have no influence over our content, ever. The Nevada Independent is the dba for Nevada News Bureau, Inc., a 501(c)3 nonprofit founded in 2010 by Elizabeth Thompson, who now serves as one of The Nevada Independent's managing directors and its Editor.

Learn More

Be a Friend of facts

Help us fund more great fact briefs like this one.

↑

Donate Now

Are 287(g) agreements voluntary according to federal law?

Sources

About fact briefs

Latest Fact Briefs

Can you smoke marijuana in public in Nevada?

Does Nevada have a cage-free egg law?

Do officials say any transgender athletes are playing Nevada collegiate sports?

Be a Friend of facts