S. 2401: 287(g) Program Protection Act

This bill, known as the 287(g) Program Protection Act, aims to amend Section 287(g) of the Immigration and Nationality Act. Here’s a summary of the key elements:

Agreement Process

The bill allows the Secretary of Homeland Security to enter into written agreements with states or their political subdivisions upon request. These agreements enable qualified state or local law enforcement officers to perform certain immigration functions, such as the investigation, apprehension, or detention of aliens, at the expense of the state or subdivision. It specifies that:

• Requests from bona fide state or political subdivisions should typically be approved unless there is a compelling reason for denial.
• If a request is denied, the Secretary must provide an explanation to Congress and publish it publicly within 180 days.
• There is no limit on the number of such agreements that the Secretary can approve, and decisions should be processed within 90 days.

Agreement Features

Each agreement must:

• Accommodate different enforcement models such as patrols, task forces, or jails based on a state’s needs.
• Not be substituted with federal programs for identifying aliens.
• Require written notice and a compelling reason for termination, with a 180-day notice period prior to termination.
• Allow states to appeal decisions regarding termination or hold the Secretary accountable in court.

Training Requirements

The bill mandates the establishment of uniform training requirements for law enforcement officers involved in immigration enforcement, aligning with Federal Law Enforcement Training Center standards.

Funding Amendments

The bill makes modifications to the provisions related to funding for immigration programs. It changes the name of the fund to include references to the 287(g) program and outlines that expenses associated with administering this program can also be funded through this budget.

Annual Reports

Following the enactment of the bill, the Secretary of Homeland Security must publish annual performance reports that detail:

• Number of aliens apprehended and screened.
• Number of aliens removed from the U.S. as a result.
• Explanations for any aliens not removed.
• Oversight measures used for law enforcement agencies in the program.
• Compliance statistics related to training requirements.
• Complaints against participating law enforcement agencies.
• Termination of agreements.

Recruitment Plan

The bill requires the publication of an annual recruitment plan aimed at increasing participation in the program. This includes:

• Goals for recruiting new states and political subdivisions.
• Statistics on new participants each year.
• Outreach efforts to states to promote the program.
• Records of agreement requests, including those received, approved, denied, or pending.

Rulemaking

The Secretary of Homeland Security is tasked with announcing any necessary rulemaking related to training requirements within 180 days of the bill's enactment.

Relevant Companies

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