TRENTON, NJ – New Jersey remains one of just six states in the country that prohibits law enforcement cooperation with federal immigration authorities under Section 287(g) of the Immigration and Nationality Act, a position drawing renewed scrutiny as states like Florida and Georgia expand participation in the program.
The 287(g) program, established by Congress in 1996, authorizes U.S. Immigration and Customs Enforcement (ICE) to delegate specific immigration enforcement powers to trained state, local, and tribal law enforcement officers.
In 2025, several New Jerseyans were murdered by criminal illegal aliens, and others were killed in car crashes with criminal illegal aliens, most who had ICE detainers. Many were repeat offenders who have been deported and returned several times.
Through formal agreements, these officers can assist in identifying and processing individuals in the United States illegally who have been arrested or convicted of crimes, operating under ICE supervision.
ICE officials say the program enhances public safety by ensuring that dangerous individuals, such as violent offenders, gang members, and repeat criminals, do not slip through local detention systems.
The agency currently maintains more than 1,200 active 287(g) agreements across 40 states, with over 10,000 trained officers assisting in arrests and removals.
However, New Jersey—along with a small group of other states including California, Illinois, New York, Washington, and Oregon—has implemented policies that ban or severely restrict such cooperation. State leaders argue that these prohibitions help build trust between immigrant communities and police, ensuring that witnesses and victims feel safe reporting crimes without fear of deportation.
Critics, however, contend that New Jersey’s stance creates security vulnerabilities by limiting local-federal coordination and allowing individuals with serious criminal histories to remain in communities instead of being transferred to ICE custody.
They warn that the lack of participation leaves local jurisdictions unable to fully identify or detain offenders subject to removal.
Under President Trump’s 2025 executive order, Protecting the American People Against Invasion, ICE was directed to expand the 287(g) program “to the maximum extent permitted by law.” Since then, federal partnerships have surged, particularly in southern states where governors have mandated participation at the county level.
Law enforcement officials in participating states report that the program functions primarily inside jails and detention centers, where officers trained under ICE oversight screen arrestees for immigration violations after criminal charges are filed—distinguishing it from street-level immigration enforcement.
As national debate over immigration enforcement intensifies, New Jersey’s refusal to join the 287(g) program underscores the sharp divide between states prioritizing cooperation with ICE and those emphasizing local autonomy.
New Jersey’s continued ban on 287(g) agreements places it among a small group of states declining federal immigration partnerships, prompting concern over the potential safety risks of limiting cooperation between local police and ICE.
