The 287g program was named for a specific section of the Immigration and Nationality Act, and was implemented in San Bernardino County detention facilities to work in conjunction with Immigration and Customs Enforcement (ICE) to identify persons who have been arrested for specific criminal charges and are suspected to be in the country without proper authorization.
This decision comes following a recent court ruling regarding the illegality of immigration detainers.
The recent U. S. Court decision, which came out of Clackamas County, Oregon, stated the use of Immigration and Customs Enforcement (ICE) detainers did not amount to the probable cause required by the Constitution to hold individuals in jail without additional warrants or charges.
ICE detainers placed by federal authorities need a Judicial ruling establishing probable cause. As a result of the Oregon court decision, the San Bernardino County Sheriff’s department 287g program will be suspended until the authority of immigration detainers is determined.
Once a court decision is established, the San Bernardino County Sheriff’s Department will implement proper procedures to be compliant.