Law enforcement should not assist ICE without a 287(g) agreement
Aidan Gscheidle
Lock Haven
Some folks in our community have expressed frustration that Pennsylvania State Police and local law enforcement are not doing more to assist Immigration and Customs Enforcement (ICE). Would these folks feel comfortable letting their bank teller perform an IRS audit without the proper training? How about allowing a physician’s assistant to perform a surgery?
The proper process exists for law enforcement agencies (LEAs) that wish to cooperate with ICE. This is called the 287(g) Program, per ICE’s own website (ice.gov/identify-and-arrest/287g).
The website lists criteria each LEA must meet in order to facilitate immigration enforcement; these criteria include submitting a signed Letter of Interest and a signed Memorandum of Agreement (MOA) to ICE directly.
According to the site, “Nominees will receive training at the expense of ICE related to the immigration duties pertinent to the applicable MOA.” So law enforcement may help ICE if they wish, provided they take the proper steps.
What is concerning, however, is that some law enforcement agencies are helping ICE without a 287(g) agreement. It is alarming to hear citizens cheering for this behavior.
Here are three reasons citizens should pay careful attention to this issue and demand accountability:
— First and foremost, liability. When law enforcement (and God forbid, the fire department) assist ICE without the proper paperwork, who is liable if something goes wrong? — The city? The state? DHS? From a strict liability standpoint, it seems imperative that law enforcement abstain from helping ICE unless the proper paperwork is in place.
— Second, destabilizing trust in law enforcement. Haven’t we learned anything from the BLM protests? Distrust of police officers undermines public safety. There are documented cases of people impersonating ICE and harassing community members around the nation, including in Lewisburg this past July. It is imperative that police are available to verify alleged ICE activity and protect community members if necessary. How safe will someone feel dialing 911 if they fear the police are in cahoots with the masked men knocking on their door?
As is said in the Police Oath of Honor, “I will never betray my badge, my integrity, my character, or the public trust.” Law enforcement officers have the obligation to keep their noses squeaky clean, and thus, should not assist ICE without a documented 287(g) agreement.
— Third, it creates a double-standard around due process. How can we complain about immigrants lacking the proper paperwork yet allow our officers to operate without proper paperwork of their own? This creates a dangerous double-standard. Not only is it hypocritical — it also jeopardizes due process, and therefore, public safety.
Folks may wish for immigration reform to move faster, but must remember that some friction is necessary to ensure justice. “Law and order” without due process is tyranny, period. We as liberty-lovers must demand accountability from our elected officials, judges and enforcement officers, no matter which side of the aisle we vote on.
If we as Americans get comfortable with sloppy justice, we not only risk harming innocent people, but we hold the door open for the same behavior our Founding Fathers revolted against.
This is not just about immigrants. This is about us. This is about the safety of anyone living in the United States. As Martin Luther King said, “Injustice anywhere is a threat to justice everywhere.”
Let’s pay close attention to how justice is being served in the immigrant community. If they can do it to Juan, they can do it to John.