Section 287(g): Essential Guide to Immigration Authority [2026]

Section 287(g): Essential Guide to Immigration Authority [2026]

Section 287(g) is a critical part of immigration enforcement policy that enables local law enforcement to collaborate with U.S. Immigration and Customs Enforcement (ICE). As of 2026, understanding how Section 287(g) works, especially in cities like Charlotte, North Carolina, and Florida, can empower immigrants and Dreamers with vital knowledge about their legal rights and the potential risks they face. This guide breaks down Section 287(g), its legal background, how it affects communities, and what steps you can take if impacted. Vasquez Law Firm is here to guide you through the complex immigration landscape with bilingual, compassionate legal support tailored to your needs.

Understanding Section 287(g)

Section 287(g) of the Immigration and Nationality Act (INA) was enacted to strengthen cooperation between U.S. Immigration and Customs Enforcement and state or local law enforcement agencies. Under this program, ICE authorizes trained local officers to perform certain immigration enforcement activities typically reserved for federal officials. This delegation enhances immigration enforcement in local communities but has generated debate about its application and effects.

Legal Background and Authority

Enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 but implemented as a pilot in 2002, Section 287(g) allows ICE officials to enter agreements with state or local law enforcement. Officers complete specialized ICE training before receiving authority to identify and detain unauthorized immigrants during law enforcement processes such as arrests or jail intake.

Scope of Enforcement Activities

Local officers authorized under 287(g) can verify immigration status, issue detainers requesting ICE custody, and refer individuals for removal proceedings. They operate under federal supervision, and these officers do not normally conduct immigration enforcement during routine police contact unless trained under the program.

287(g) Agreements Map and States

As of 2026, several states including North Carolina and Florida have active 287(g) agreements, with agreements mapping varies according to local government decisions. Some jurisdictions have suspended participation due to concerns about community relations or alleged abuses.

Step-by-Step: What to Do if Affected

1. Stay calm and know your rights. If approached by law enforcement under 287(g) authority, remember you have the right to remain silent regarding your immigration status.
2. Do not volunteer information. You are not required to answer questions about your immigration status or show documents unless legally obligated, such as when driving.
3. Request to speak to an attorney. Always ask for legal representation before answering questions or signing documents.
4. Document the encounter. If safe, record details like officer names, badge numbers, and circumstances in the event a violation of rights occurs.
5. Contact an experienced immigration attorney. Early legal advice can be critical to protecting your immigration status and avoiding detainment or deportation.

Common Mistakes to Avoid with 287(g)

• Talking without legal advice: Answering immigration-related questions without an attorney can harm your case.
• Failing to identify authority: Not knowing if officers are acting under 287(g) can cause confusion.
• Ignoring detainers: Some may not realize local officers can request ICE custody under 287(g).
• Not understanding your rights: Fear often leads to unnecessary disclosure or panic.
• Assuming all law enforcement is the same: Distinguish between routine police and immigration enforcement roles.
• Waiting too long for legal advice: Immediate consultation helps avoid serious consequences.
• Not recording encounters: Lack of record can hinder protective legal action later.

If you only remember one thing: Always exercise your right to remain silent and seek legal help before taking any action.

Timeline and What to Expect

• Within hours of law enforcement contact: Possible detention or transfer to ICE custody.
• Within days to weeks: Initial immigration interviews and hearings may begin.
• 1 to 3 months: Immigration court proceedings generally commence if removal is sought.
• Ongoing: Consult with your attorney regularly and comply with court orders.

Costs and Fees: What Impacts the Price

• Legal consultation and case evaluation are often free or low cost at initial stages.
• Complex cases involving detention or removal defense typically incur higher attorney fees.
• Government fees may apply for immigration applications or bond hearings.
• Nonprofit organizations or community groups may provide additional cost-free support.

Jurisdiction Notes: North Carolina and Florida

North Carolina Notes

North Carolina participates in the 287(g) program in certain counties, including Mecklenburg County (Charlotte). Local law enforcement officers have the delegated authority to enforce immigration laws as part of criminal processing. Cooperation with ICE can result in detainers and transfers to federal custody.