287(g) Program Protection Act

This bill expands and protects agreements between the Department of Homeland Security (DHS) and state or local police under the “287(g)” program. DHS would have to sign an agreement when a state or city asks, unless there is a strong reason not to. If DHS plans to deny a request, it must explain the reasons to Congress and in the Federal Register 180 days before the denial, and it must process requests within 90 days. These agreements let trained local officers help with certain immigration tasks, like investigating, arresting, detaining, and transporting people across state lines to detention centers, with local governments covering the costs. DHS cannot cap how many agreements exist, and it must allow different enforcement models (patrol, task force, jail, or a mix) based on local needs. DHS also cannot replace these agreements with broad federal technology programs; those tools would be in addition to the agreements, not instead of them .

DHS could not end an agreement without a strong reason. If it plans to terminate one, it must give 180 days’ written notice with evidence, and the state or city can appeal to a judge or go to court. The agreement stays in place during any legal challenge. The bill also adds funding support for administering the 287(g) program and shifts certain references from the Department of Justice to DHS. Each year, DHS would have to publish a performance report (for example, numbers of people screened, removed, and reasons when not removed) and a recruitment plan with goals and outreach to bring more states and cities into the program. DHS must also start a rulemaking within 180 days to set training requirements for participating officers .

• Who is affected: States, cities, and their police or jail agencies; DHS; people processed under immigration laws .
• What changes: Easier approval and protection of local–federal agreements, rules for denial and termination, allowance for multiple enforcement models, added funding uses, and required annual reports and recruitment plans .
• When: Denial explanations 180 days before finalizing; request processing within 90 days; annual reports and plans due each year; training rulemaking within 180 days of enactment .