Feds Obstruct Enforcement as Local Police Attempt to Move Forward

By Zach Swartz, FAIR's Government Relations Associate

A recent media report has highlighted the disconnect between the federal government and frontline local law enforcement officers regarding the enforcement of our federal immigration laws. Officials in Washington, DC are restricting the ability of our local law enforcement officers to enforce immigration law.

In fall 2008, Davis County, Utah Sheriff Bud Cox applied to the Department of Homeland Security's (DHS) Bureau of Immigration and Customs Enforcement (ICE) for 287(g) authority. 287(g) - named for the section of the Immigration and Nationality Act that authorizes it - allows ICE to enter into agreements to train state and local law enforcement agencies in the enforcement of federal immigration laws. Shortly after applying to ICE for a 287(g) agreement, five federal officials came to Davis County and inspected the Sherriff's Department. Nearly a year later, according to The Salt Lake Tribune, Davis County received a letter denying the 287(g) request. Why? According to DHS spokesman Matt Chandler, "ICE officials determined that Davis County's needs could be met more effectively by other ICE state and local enforcement assistance programs." Chandler's comments beg the question: why is the federal government determining what is best for Davis County? Shouldn't Davis County know what is best for Davis County?

State and local politicians expressed outrage over ICE's refusal to enter into a 287(g) agreement with the Sheriff's Office. Utah Attorney General Mark Shurtleff described the denial as "outrageous and absolutely unacceptable" and added that it "is going to be very upsetting to a lot of Utahns." State Representative Curt Oda (R-Clearfield) pointed out that ICE's rejection "handcuffs the county's hands," and added: "Look at how many criminals they're releasing because there's not room in the jail, and look at how many are jailed, but then ICE says it can't get there in time, so they get let go." State Representative Mike Noel (R-Kanab) argued that the denial reflected the Obama Administration's unwillingness to enforce immigration law.

Unfortunately, this isn't the first time that the Obama Administration has undermined 287(g). On July 10, 2009, Department of Homeland Security (DHS) Secretary Janet Napolitano indicated that ICE has "standardized the Memorandum of Agreement (MOA) used to enter into '287(g)' partnerships." According to a DHS press release, the new MOA "aligns 287(g) local operations with major ICE enforcement priorities - specifically, the identification and removal of criminal aliens." This new, one-size-fits-all, Washington-knows-best MOA approach will serve only to discourage agencies from seeking to participate in the program, and will undermine the enforcement of immigration law against so-called "noncriminal" illegal aliens. In fact, at least two frontline law enforcement officers have already criticized the new MOAs for both their rigidity and their focus on only enforcing immigration law against "criminal" aliens.