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EO 14159 § 11 Directs DHS to Maximally Authorize State and Local Law Enforcement to Be Immigration Officers

  1. Original Date Announced

    January 20, 2025

    Section 11 of Executive Order (EO) 14159, "Protecting the American People Against Invasion," directs the Secretary of Homeland Security to authorize and empower qualified State and local law enforcement agencies, under voluntary agreements and to the maximum extent permitted by law, to enforce federal immigration laws in coordination with federal officials. These partnerships--allowed under section 287(g) of the Immigration and Nationality Act (INA) and potentially other authorities such as the "mass influx" provision of section 1101--supplement federal activities but do not replace federal enforcement.

    Trump 2.0 [ID #1409]

    2025.01.20 EO 14159 - Protecting the American People Against Invasion
  2. Effective Date

    January 20, 2025
  3. Subsequent Trump and Court Action(s)

    • January 29, 2025

      2025.01.29 - Texas Governor EO GA-54

      Texas Governor Abbott issues EO GA-54 directing state agencies to assist federal immigration officers to investigate, arrest, detain, and deport "illegal immigrants" in Texas.

      View Document
    • January 30, 2025

      2025.01.30 - ICE Memorandum: Suspension of the 287(g) Program Advisory Board

      Acting ICE Director Caleb Vitello issued a memorandum suspending the 287(g) Program Advisory Board (PAB) and its governance structure, effective immediately. Since 2009, the PAB has evaluated 287(g) program applicants to advise the ICE Director about the suitability of such state and local law enforcement agencies to participate in the program. The memorandum states that the ICE Director will have sole "authority to approve or deny a State or local LEA's request to participate in the 287(g) program," to ensure these agreements are executed "in a timely manner."

      View Document
    • January 31, 2025

      2025.01.31 United States v. State of Texas, 1:24-cv-00008 (W.D. Tex.) - Order Clarifying/Modifying Preliminary Injunction Issued on February 29, 2024

      The U.S. District Court for the Western District of Texas modified a February 2024 preliminary injunction that enjoined the State of Texas and related parties from enforcing parts of Texas Senate Bill 4. The order modified the injunction to clarify that, in light of EO 14165 and EO 14159, Texas state and local law enforcement are permitted to cooperate with federal authorities regarding the "apprehension, arrest, and detention of undocumented persons." The rest of the injunction, including prohibiting Texas judges and law enforcement from "engag[ing] in the actual deportation of undocumented persons from the United States," remains in effect.

      **Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**

      View Document
    • February 2, 2025

      2025.02.02 Attorney General Ken Paxton becomes first Texas law enforcement official to sign agreement to help President Trump's deportation efforts

      Texas Attorney General Ken Paxton signed an agreement with the Trump administration to formally assist in and facilitate mass deportation efforts. The Texas Office of the Attorney General is the first Texas state law enforcement entity to formally engage; Paxton urged other Texas agencies to join in the "fight."

      View Document
    • February 3, 2025

      2025.02.03 Texas governor orders National Guard to enforce immigration law at border - WaPo

      The Washington Post reports that Texas Governor Greg Abbott and CBP Acting Commissioner Pete R. Flores reached an agreement allowing CBP to deputize Texas National Guard soldiers. The soldiers will be authorized to perform "the duties and functions of an immigration officer" while under "the direct 'supervision and direction' of a CBP official."

      View Document
    • February 4, 2025

      2025.02.04 N.Y.C. Suburb Deploys Detectives to Aid Trump’s Deportation Crackdown

      The New York Times reports that Nassau County, NY, announced a new 287(g) partnership with ICE. Ten Nassau detectives will be trained and deputized to conduct immigration arrests and will embed with ICE teams. The county will also set aside up to 50 cells in the county jail to hold immigrants for up to 72 hours before they are transferred to ICE custody.

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    • February 5, 2025

      2025.02.05 Trump administration may allow local policy to arrest immigrants - WaPo

      The Washington Post reports that Russell Hott of ICE told the National Sheriffs' Association at a conference that the Trump administration is looking into ways to restart the 287(g) "task force model," which was terminated in 2012 and allows ICE to designate certain police officers to question and arrest people they suspected of violating immigration laws. Currently, the only 287(g) models in operation are the Jail Enforcement Model and Warrant Service Officer program, both limited to jails or prisons.

      View Document
    • February 7, 2025

      2025.02.07 - WPTV: Gov. Ron DeSantis says Florida has entered 287(g) agreement with ICE giving FHP 'expanded power'

      WPTV reports that Florida Governor Ron DeSantis announced a new 287(g) agreement between Florida Highway Patrol (FHP) and ICE. Governor DeSantis stated the agreement will give FHP the authority "to interrogate any suspected alien," to arrest and detain migrants attempting to enter the U.S. unlawfully, and "to serve and execute warrants for immigration violations." Governor DeSantis also indicated Florida is exploring additional state agency partnerships with ICE, including with the Florida Fish and Wildlife Conservation Commission (FWC), the Department of Law Enforcement (FDLE), and the Florida State Guard.

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    • February 13, 2025

      2025.2.13 Abbott clarifies powers of deputized Texas National Coast Guard and other law enforcement officials

      Texas Tribune reports that Governor Abbott provided clarification about his February 3, 2025, agreement allowing CBP to deputize Texas National Guard soldiers. Under this agreement, deputized guardsmen will have the same authority as ICE or CBP agents, including "apprehending, arresting, jailing, and going through the deportation process." Abbott also has embedded Texas Department of Public Safety officers and Texas Rangers in ICE operations.

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    • February 14, 2025

      2025.02.14 CBS4: New head of Border Patrol swears in National Guard, DPS who can arrest immigrants

      Mike Banks, the U.S. Border Patrol chief, swore in National Guard troops and Texas Department of Public Safety troopers as part of Operation Southern Shield under the memorandum of understanding allowing these officials to enforce federal immigration laws. These state personnel were to participate in a three-day sector-level training, followed by a two-day station-level training.

      View Document
    • February 21, 2025

      2025.02.17 Kansas AG Kris Kobach says KBI will help ICE on illegal immigration - The Topeka Capital Journal

      Kansas Attorney General Kris Kobach announced that the Kansas Bureau of Investigation and the attorney general's office have signed a 287(g) agreement with DHS. AG Kobach stated that under the agreement, KBI agents will receive ICE training that authorizes them to "arrest illegal aliens, serve and execute warrants, and issue immigration detainers." The Kansas Highway Patrol is not part of the KBI's new agreement with ICE.

      View Document
    • February 21, 2025

      2025.02.21 "ICE lets local officials stop immigrants on the streets as task force program is back" - Stateline

      Stateline reports that ICE has revived the 287(g) "Task Force Model" (TFM), which authorizes state or local law enforcement officers "to challenge people on [their] immigration status in the course of routine police work." ICE signed 11 new task force agreements with agencies in Florida, Idaho, Kansas, Oklahoma, and Texas between February 17 and 19 (the number is now up to 117 according to ICE).

      TFM agreements are different from other 287(g) agreements, which allow state/local law enforcement agencies to investigate people already arrested and in state/local custody. TFM were the subject of significant concern and were discontinued by DHS in 2012.

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    • February 27, 2025

      2025.02.27 Virginia Governor signs EO 47: "Keeping Virginians Safe From Dangerous Criminal Illegal Immigrants"

      Governor Glenn Youngkin of Virginia issued Executive Order 47, directing state law enforcement and corrections officers in the state to enter into 287(g) Task Force Model and Jail Enforcement Model memoranda with ICE. The agreements will deputize Virginia State Police to act as immigration officers, "leverage multiple detention and processing facilities" throughout VA to identify and hold noncitizens arrested or convicted of crimes, and require full cooperation with ICE by law enforcement throughout the state. The EO states that "Virginia is not a sanctuary state," and finds the "nexus between illegal immigration and dangerous activity is real."

      View Document

Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Presidential Orders
Subject Matter: Enforcement Interior Detention
Agencies Affected: DHS State & Local Entities

Commentary

  • 2025.02.06 Letter of Intent by Governor Patrick Morrisey of West Virginia

    West Virginia Governor Patrick Morrisey published a letter of intent stating that West Virginia intends "to join ICE's 287(g) program under the Warrant Service Officer model of delegated authority."

    Go to article
  • 2025.02.07 Sheriffs are right to stand up against demands that they do ICE’s dirty work

    MSNBC reports that "sheriffs across the country said that they will not do the legally dubious work of the Trump administration's immigration enforcement." Sheriffs "from Iowa to California have affirmed their unwillingness to aid the Trump administration's efforts, or have pulled back on existing collaboration with immigration authorities" despite threats of federal prosecution and funding cuts.

    Go to article
  • 2025.02.12 Trump Wants Sheriffs to Aid Deportation Efforts, but Who Would Pay?

    New York Times article discussing how sheriffs' willingness to support Trump admin immigration enforcement is restricted by funding limitations and state and local laws.

    Go to article

Documents

Trump-Era Policy Documents

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