Im sorry for Mrs. Johnson's loss, but there is no federal provisons mandating that local LEOs participate in Federal immagration duties.
The Federal 287(g) program, the Federal program inwhich Local Law Enforcement Organizations participate with ICE, under ICE's rule to act as proxy federal agents to help in Federal Immigration duties, is voluntary.
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Several years after the killing, Hurtt announced he would participate in the federal 287(g) program, which gives local police authority to initiate deportation proceedings against illegal immigrants linked to serious crimes. But then the city backed off the program and linked up with ICE on a separate one that has local officials run immigration checks on suspects once they are in jail.
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Section 287(g) of the immigration and Nationality Act
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), effective September 30, 1996, added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act (INA). This authorizes the secretary of the U.S. Department of Homeland Security (DHS) to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers.
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