5. Department of Homeland Security · Notable
Direct ICE to take custody of criminal aliens identified under 287(g)
Printed page 141 5. Department of Homeland Security
“Direct ICE to stop ignoring criminal aliens identified through the 287(g) program. … before congressional action, ICE should be directed to take custody of all aliens with records for felonies, crimes of violence, DUIs, previous removals, and any other crime that is considered a national security or public safety threat as defined under current laws.”
What has happened
- Partially done
Congress has now paid for the custody half twice. Public Law 119-21 section 100052(9) funds "expanding, facilitating, and implementing" 287(g) agreements out of ICE's $29.85 billion, and Public Law 119-98 section 202(9) sets aside not less than $350,000,000 specifically for detainer management, detainer issuance, custodial transfer and the arrest of "covered unlawful aliens" — defined to include people subject to mandatory detention, people inadmissible or deportable on criminal grounds, and anyone subject to a detainer after an arrest or conviction — in jurisdictions that do not cooperate, and forbids using that money to release them. The referral-to-custody pipeline the Quote describes is funded and directed; it is `partial` because no allowlisted record establishes that ICE now takes custody of every such alien.
- Attempted
EO 14159 section 11 directs the Secretary to authorize state and local officers to perform immigration-officer functions through 287(g) agreements "to the maximum extent permitted by law", and section 4 tells the ICE Director to set enforcement priorities that protect public safety. That is the direction the Quote asks for, without yet showing custody being taken.
Research log
- Action
- restrict
- Object
- 287(g) program criminal alien referrals
- ID
- 309