This bill, titled the "287(g) Program Protection Act," aims to significantly amend and strengthen Section 287(g) of the Immigration and Nationality Act, which allows state and local law enforcement to assist in federal immigration enforcement. It mandates that the Secretary of Homeland Security shall enter into written agreements with states or political subdivisions upon request, allowing their qualified officers to perform immigration functions, with such requests to be approved absent a compelling reason. If a request is denied, the Secretary must provide a detailed explanation to Congress and publish it in the Federal Register 180 days prior to the final denial, and there can be no limit on the number of approved agreements. The legislation specifies that agreements must accommodate various enforcement models, including patrol, task force, or jail models, tailored to the jurisdiction's needs. It also imposes strict conditions on the termination of these agreements, requiring a 180-day written notice with substantiated grounds, and granting states or subdivisions the right to appeal such decisions to an administrative law judge or through civil action. Furthermore, the bill mandates the implementation of uniform training requirements for participating officers, aligning with Federal Law Enforcement Training Center standards. To support the program, the bill amends the Immigration and Nationality Act to create a "Breached Bond/Detention/287(g) Fund" to cover administrative expenses associated with Section 287(g). Finally, it requires the Secretary of Homeland Security to publish annual performance reports detailing apprehensions, removals, oversight, and complaints, along with an annual recruitment plan outlining goals and outreach efforts for expanding state and local participation in the 287(g) program.
Read twice and referred to the Committee on the Judiciary.
Immigration
287(g) Program Protection Act
USA119th CongressS-2401| Senate
| Updated: 7/23/2025
This bill, titled the "287(g) Program Protection Act," aims to significantly amend and strengthen Section 287(g) of the Immigration and Nationality Act, which allows state and local law enforcement to assist in federal immigration enforcement. It mandates that the Secretary of Homeland Security shall enter into written agreements with states or political subdivisions upon request, allowing their qualified officers to perform immigration functions, with such requests to be approved absent a compelling reason. If a request is denied, the Secretary must provide a detailed explanation to Congress and publish it in the Federal Register 180 days prior to the final denial, and there can be no limit on the number of approved agreements. The legislation specifies that agreements must accommodate various enforcement models, including patrol, task force, or jail models, tailored to the jurisdiction's needs. It also imposes strict conditions on the termination of these agreements, requiring a 180-day written notice with substantiated grounds, and granting states or subdivisions the right to appeal such decisions to an administrative law judge or through civil action. Furthermore, the bill mandates the implementation of uniform training requirements for participating officers, aligning with Federal Law Enforcement Training Center standards. To support the program, the bill amends the Immigration and Nationality Act to create a "Breached Bond/Detention/287(g) Fund" to cover administrative expenses associated with Section 287(g). Finally, it requires the Secretary of Homeland Security to publish annual performance reports detailing apprehensions, removals, oversight, and complaints, along with an annual recruitment plan outlining goals and outreach efforts for expanding state and local participation in the 287(g) program.