By Shari Rendall
FAIR
Florida is taking important, concrete actions to assist President Donald Trump in securing the border and removing illegal aliens. On February 7, Governor Ron DeSantis announced that the Florida Highway Patrol entered into an agreement to participate in the 287(g) program. The agreement marks the first time since the early 2000s that the 287(g) program will be implemented outside of a jail or prison.
The agreement between the Highway Patrol and U.S. Immigration and Customs Enforcement (ICE) will allow trained state law enforcement officers to:
- Question individuals suspected of being in the country illegally during routine traffic stops, arrests, or investigations and detain them for ICE.
- Arrest individuals attempting to enter the U.S. illegally through Florida’s ports of entry or coastal waters and process them for immigration violations.
- Serve and execute arrest warrants for immigration-related offenses.
- Transport detained individuals to ICE facilities.
The 287(g) Program was enacted into federal law as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996. It was designed so that state and local officers could act as force multipliers since ICE has just 20,000 employees, less than half of whom are dedicated to the apprehension and removal of illegal aliens.
“This program is the maximum amount of participation that we’ve been asked to do under federal law,” said Governor DeSantis. “We didn’t hesitate to step up. We will take advantage of this, and we will be strong partners.” He continued, “this partnership with ICE ensures that our state troopers have the tools and authority they need to keep dangerous criminals off our streets and out of our country.”
Opponents of Florida’s new 287(g) agreement were quick to claim increased immigration enforcement will cause fear. Orlando-based immigration attorney, Frank Symphorien-Saavedra said, “these types of programs [do] not make the community safer. What you’re going to have is a lot of Latinos and brown people profiled.” He also claimed, “that it could have a chilling effect in immigrant communities, making people less likely to contact law enforcement.”
Florida’s leading the way with the Highway Patrol 287(g) agreement is neither novel nor unexpected. In 2022, Florida became the first state in the country to compel participation in the 287(g) program with the passage of Senate Bill 1808. This legislation requires every law enforcement agency operating a county detention facility to enter into a 287(g) agreement.
According to ICE, as of December 2024, 135 law enforcement agencies nationwide were participating in the 287(g) program and requests to participate from an additional 35 jurisdictions are pending. While the Biden administration did not approve any new agreements during its four years, it did not terminate the program as open borders advocates wanted.
Although the agreement has been executed, it will not be implemented immediately. The 287(g) program requires that the Highway Patrol officers be trained before they can perform any of the functions under the agreement.
