The "287(g) Program Protection Act" significantly amends section 287(g) of the Immigration and Nationality Act, mandating that the Secretary of Homeland Security shall enter into written agreements with states or political subdivisions upon their request. It explicitly states that no bona fide request shall be denied absent a compelling reason, requiring congressional notification and Federal Register publication for any denial. The bill also prohibits imposing limits on the number of such agreements and sets a 90-day deadline for their consummation. Furthermore, the legislation clarifies that agreements must accommodate a requesting entity's chosen enforcement model, including patrol, task force, or jail models, and that federal programs for identifying inadmissible aliens should supplement, not substitute for, these agreements. It restricts the termination of agreements without a compelling reason, requiring 180 days' notice and providing states with appeal rights to an administrative law judge or through civil action, during which the agreement remains in effect. The bill also renames the "Breached Bond/Detention Fund" to include "287(g)" and allows its use for administering the program. Finally, the Act imposes new requirements on the Secretary of Homeland Security, including publishing an annual performance report detailing apprehensions, removals, oversight methods, and complaints against participating agencies. It also mandates an annual recruitment plan with five-year goals for increasing state and local participation, along with a description of outreach efforts. The Secretary is also required to publish rulemaking for uniform training requirements for officers participating in the 287(g) program.
The "287(g) Program Protection Act" significantly amends section 287(g) of the Immigration and Nationality Act, mandating that the Secretary of Homeland Security shall enter into written agreements with states or political subdivisions upon their request. It explicitly states that no bona fide request shall be denied absent a compelling reason, requiring congressional notification and Federal Register publication for any denial. The bill also prohibits imposing limits on the number of such agreements and sets a 90-day deadline for their consummation. Furthermore, the legislation clarifies that agreements must accommodate a requesting entity's chosen enforcement model, including patrol, task force, or jail models, and that federal programs for identifying inadmissible aliens should supplement, not substitute for, these agreements. It restricts the termination of agreements without a compelling reason, requiring 180 days' notice and providing states with appeal rights to an administrative law judge or through civil action, during which the agreement remains in effect. The bill also renames the "Breached Bond/Detention Fund" to include "287(g)" and allows its use for administering the program. Finally, the Act imposes new requirements on the Secretary of Homeland Security, including publishing an annual performance report detailing apprehensions, removals, oversight methods, and complaints against participating agencies. It also mandates an annual recruitment plan with five-year goals for increasing state and local participation, along with a description of outreach efforts. The Secretary is also required to publish rulemaking for uniform training requirements for officers participating in the 287(g) program.