The Biden administration seems to be upset that the successful 287(g) program in Bristol County, Mass., has resulted in the identification of illegal aliens arrested for child rape, assault, strangulation, arson, attempted murder, armed carjacking, breaking and entering, and identity theft, and they plan to put an end to this public safety program immediately, no matter the cost to public safety. This is consistent with the administration's enforcement priorities and would ensure that countless criminal aliens are released into our communities.
The 287(g) program, created by Congress decades back, allows local law enforcement to enter into cooperative agreements with federal immigration authorities to assist with the identification and processing of removable aliens arrested for violations of criminal law. Local law enforcement that partners with U.S. Immigration and Customs Enforcement (ICE) receives weeks of training on how to identify removable aliens that they encounter during their routine enforcement of state and local criminal law. It’s a commonsense program considering that local law enforcement, not ICE, is often the first to encounter criminal aliens.
The program has led to the arrest and removal of thousands of dangerous criminal aliens. In fiscal year 2020, state and local law enforcement trained under 287(g) encountered approximately 920 aliens convicted for assault, 1,261 convicted for dangerous drugs, 104 convicted for sex offenses/assaults, 377 convicted for obstructing police, 190 convicted for weapon offenses, and 37 convicted for homicide, to name a few crimes.
As of May 2021, ICE has 287(g) agreements with 71 law enforcement agencies in 21 states. ICE has an additional 76 agreements in 11 states based on a more narrowly-focused version of the program.
Below is a sampling of criminal aliens encountered by the Bristol County Sheriff’s Office since October 2019. These case studies highlighting the effectiveness of the program are contained in a monthly report produced by ICE’s 287(g) Unit. The monthly reports are available online.
It is almost hard to believe, but these are the very types of aliens DHS Secretary Mayorkas does not want ICE to take custody of and deport:
- On January 6, 2021, the Bristol County Sheriff’s Office 287(g) Program encountered a citizen of Portugal arrested for aggravated assault and battery with a dangerous weapon and violation of a protective order and placed an immigration detainer and warrant on the subject. The subject entered the United States as a nonimmigrant and failed to depart the United States as required by law.
- On December 10, 2020, the Bristol County Sheriff’s Office 287(g) Program encountered a citizen of Honduras charged with rape of a child statutory and placed an immigration detainer and warrant on the subject. The subject last entered the United States on an unknown date and location without inspection after having been previously removed.
- On November 11, 2020, the Bristol County Sheriff’s Office 287(g) Program encountered a citizen of Guatemala charged with assault and battery on a family household member and strangulation/suffocation and placed an immigration detainer and warrant on the subject. The subject has prior arrests for assault with a dangerous weapon, arson of a dwelling, and attempted murder which are pending. The subject entered the United States on an unknown date and location without inspection.
- On October 13, 2020, the Bristol County Sheriff’s Office 287(g) Program encountered a citizen of El Salvador charged with armed carjacking and placed an immigration detainer and warrant on the subject. The subject entered the United States on an unknown date and location without inspection.
- On April 13, 2020, the Bristol County Sheriff’s Office 287(g) Program encountered a citizen of Brazil charged with 11 counts of credit card fraud, 15 counts of identity fraud , and 15 counts of credit card forgery and placed an immigration detainer and warrant on the subject. The subject last entered the United States as a nonimmigrant visitor.
- On January 1, 2020, the Bristol County Sheriff’s Office 287(g) Program encountered a citizen of Portugal charged with breaking and entering and cocaine possession and placed an immigration detainer and warrant on the subject. The subject entered the United States as a non-immigrant visitor under the Visa Waiver Program who failed to depart the United States as required. On January 3, 2020, the New Bedford District Court did not honor the immigration detainer and released the subject without notification to ICE. On January 8, 2020, ERO Boston arrested the subject at-large.
- On November 7, 2019, the Bristol County Sheriff’s Office 287(g) Program encountered a citizen of Guatemala charged with indecent assault and battery on a child under 14 and placed an immigration detainer and warrant on the subject. The subject entered the United States on an unknown date and location without inspection.
In addition to President Biden and Secretary Mayorkas, a handful of members of Congress are also calling for the release of child rapists, armed carjackers, and other criminal aliens into our communities. Those members of Congress from Massachusetts pushing for an end to the Bristol County 287(g) agreement include Sen. Elizabeth Warren, Sen. Edward Markey, Rep. William Keating, Rep. James McGovern, Rep. Lori Trahan, Rep. Ayanna Pressley, Rep. Jake Auchincloss, Rep. Seth Moulton, Rep. Katherine Clark, and Rep. Richard Neal.