What is 287(g)?
287(g) is a reference to a section of immigration law that authorizes state and local officials to act as immigration officers. The section of law has been in existence for many years but is being used more in recent times.
Who runs the 287(g) program?
In Mecklenburg County, the Mecklenburg County Sheriff's Office and Federally trained Deputies run the program.
What other counties have this program?Currently, Alamance, Gaston and Cabarrus counties in NC and York County in SC also have the 287(g) program. Eighteen other counties in NC have applied for the program.
What training do the officials get who administer the program?
Officials get five weeks of training provided by Immigration and Customs Enforcement (ICE). The Mecklenburg County Sheriff's Office has two sergeants and ten deputies trained in this program.
What authority do the Deputies have to enforce Immigration Law and to what extent is that authority?
Deputies are trained and certified under Section 287 of the INA. Their exercise of power to perform their duties is outlined in Title 8 of the CFR (Code of Federal Regulations), and upon completion of the training and certification, they hold the same authority and carry out the same duties as Federal ICE Agents.
How does someone have contact with the 287(g) program?
A person has to first be arrested for a crime and brought to the Mecklenburg County Jail. No Mecklenburg County Sheriffs' Deputies or Charlotte-Mecklenburg Police Officers go into the community to seek out undocumented aliens.
Who is questioned about their immigration status?
Everyone. All arrestees brought to the jail are asked these two questions:
1. Of what country are you a citizen or national?
2. Where were you born?
What if someone is a Naturalized Citizen of the US and who does the burden of proof fall upon?
The burden of proof rests on any individual that is foreign born to prove that they have entered, or that they are legally in the US at the time of questioning. Any citizen that is foreign born, that has naturalized, and has been arrested and brought to the Mecklenburg County Jail, will need to produce a Naturalization Certificate or an Alien Registration Number to prove their status.
What happens if I refuse to answer the questions?
The questions are part of an administrative interview; not a criminal proceeding. Refusal to answer the questions can result in being detained until the arrestee answers the questions or until after the arrestee's state/local charge is taken care of in court. Also, because the questions are administrative, the deputies are not obligated to respond to an arrestee's request for an attorney before answering.
How do the deputies determine immigration status?
Deputies trained in this program have access to several federal ICE databases which contain photos and fingerprints. Deputies are also trained in asking certain questions to help determine immigration status.
What will the bond be?
Immigration bond: The bond related to the 287(g) program is determined by ICE. They provide guidelines to the deputies which must be followed. The current minimum ICE bond is $10,000. Factors considered when setting this bond include the state/local charge that resulted in the arrest, present employment, family in the area, number of arrests, and prior contact with ICE officials.
Why assign an immigration bond?
ICE bonds are mandatory to ensure the individual's appearance in Immigration Court.
State/local bond: Arrestees may also have a bond set for the state/local charge(s) for which they were initially arrested. The severity of those charges and any past criminal history will be factors (among others) that the Magistrate uses to determine the bond. Certain circumstances could result in a Magistrate ordering an arrestee to be held without a state/local bond.
What are the different ICE custody arrangements?
1. Released from custody with a court date to appear in Immigration Court (usually occurs with individuals under the age of 18)
2. ICE bond – set by the deputies based on ICE guidelines
3. No bond – due to prior convictions, prior contact with ICE, etc. the arrestee will not be able to bond out of jail prior to being taken to Atlanta.
What is an "ICE detainer", also known as an "ICE Hold"?
Deputies may place and "ICE detainer" on an arrestee to determine an arrestee's alien status. This detainer has nothing to do with the arrestee's state/local charge(s).
Note: Arrestees may be able to pay their state/local bond even if they are on an "ICE Hold."
Where do I pay a bond?
Remember, an arrestee may have two different bonds, state/local and ICE.
The bond for the state/local charge(s) may be paid at the Magistrate's Office located at 801 E. 4th Street, Charlotte, NC 28202.
Once the state/local bond is paid, it takes approximately two days for the arrestee's file to reach the ICE office. ICE cannot accept payment for an ICE bond until they have received the file.
The ICE bond may be paid at any ICE office in the United States. An arrestee without local family can have someone go to an ICE office in their state to pay the bond. The ICE bond must be paid in full by cash, certified check, or postal money order. The local ICE office in the Charlotte area is at the Department of Homeland Security, 6130 Tyvola Center Drive, Charlotte, NC 28217.
