287(G) and public safety: Determining the effects of local immigration enforcement on crime

Agreements between Immigration and Customs Enforcement (ICE) and local law enforcement under Section 287(g) of the Immigration and Naturalization Act (INA) allow city, county, state, and correctional police officers to investigate and enforce federal immigration laws. The stated objective of the 287(g) program is to fight against serious crime committed by removable aliens to improve our national security and enhance safety in local communities.;This study analyzes the effect of 287(g) programs on violent and property crime, using data from the Federal Bureau of Investigation's Uniform Crime Reports and the U.S. Census Bureau's Current Population Survey. 287(g) agreements empowering correctional officers to enforce immigration law reduce violent crime and property crime. City-level 287(g) agreements substantially increase property crime, cancelling out the effects of Correctional 287(g) agreements. The effect of county-level agreements is unclear, but there are some indications that they also increase property and violent crime. State-level 287(g) agreements have no effect on either violent or property crime.;African American populations are associated with higher crime rates in jurisdictions with any type of 287(g) agreement. Recent immigrants displace African Americans from the local labor force. 287(g) programs are implemented in response to rising immigrant populations, but impose substantial costs on implementing jurisdictions for detention, overtime, litigation based on unconstitutional racial profiling, and foster care for youth whose parents are deported. Jurisdictions divert resources away from local law enforcement priorities and reduce public services, which may help explain the increase in crime amongst African American communities. Criminality amongst youth with immigrant parents also increases when some 287(g) programs are adopted, and the programs hamper collaboration between immigrant communities and local law enforcement.;City, County, and State-level 287(g) agreements have either no effect or deleterious effects on public safety and should be eliminated. Correctional 287(g) programs should be limited to immigrants already convicted, indicted, or arrested based on reasonable cause to alleviate constitutional concerns. Greater federal oversight and guidance is needed to prevent waste and abuse, and further research is needed to analyze differential crime reporting amongst populations, allegations of racial profiling, and whether Correctional 287(g) programs reduce or displace criminal activity.