Fight Back Against 287(g)

When it comes to decisions that affect our communities, Wyomingites deserve a transparent, democratic process. Sheriff Kozak’s decision to unilaterally sign these 287(g) agreements without the approval of the elected County Commission is not only reckless, it is illegal.

The lawsuit asserts that the sheriff overstepped his authority, violating Wyoming law and the Wyoming Administrative Procedure Act, by failing to get approval from Laramie County Commissioners when he signed the county’s 287(g) agreements with ICE.

Sheriffs under Wyoming law have limited authority granted by statute. Any agreement that the sheriff wants to enter into has to be approved by the governing authority of the municipality. This did not happen in Laramie County.

The ACLU of Wyoming is asking the court to void Laramie County's 287(g) agreements.

While state and federal government authorities overlap in many areas, the U.S. Constitution gives the federal government exclusive responsibility to enforce immigration law. However, programs like 287(g) aim to deputize local and state law enforcement with certain immigration enforcement powers. Under 287(g), the federal government – through Immigration and Customs Enforcement (ICE) – forms an agreement with a state or local law enforcement agency, most often a county sheriff that runs a local jail. The agreement gives specific immigration enforcement authority to designated officers within the local agency.

Local law enforcement participating in the 287(g) program are redeployed from local public safety matters to be an ICE force multiplier. This could include interrogating anyone they believe to be a noncitizen about their right to be in the country and asking for their citizenship papers. It could mean that local jails continue to hold people – grandparents, caretakers and other long-time residents who lack legal status – beyond when they would otherwise be released after a minor infraction or posting bail until ICE comes to take them away.

As a result, local officers are being used to carry out “show me your papers” immigration enforcement — often during routine traffic stops — eroding constitutional protections, undermining public safety, and diverting limited local resources away from core law enforcement responsibilities. These actions reflect a broader pattern of abusive and unconstitutional immigration practices by ICE, Border Patrol, and their partner agencies playing out nationwide.

ICE is enlisting thousands of state and local police to assist in operations that endanger citizens and noncitizens alike, draining local police resources and driving public fear that any interaction with local law enforcement could lead to violence and abuse,

These agreements harm more than just noncitizens. It harms entire communities by redirecting money, time, and resources away from local priorities.

• 287(g) agreements waste taxpayer money by potentially impacting local law enforcement budgets as well as pulling law enforcement from their regular duties. Often, the federal government does not reimburse local law enforcement for their participation.
• 287(g) agreements drive a wedge between local law enforcement and the community it serves. When noncitizens fear deportation, they are less likely to call police to report crimes and tips.
• 287(g) agreements expose cities and counties to legal repercussions. For example, counties may be sued if they violate someone's right to due process. Undocumented individuals have constitutional rights too.
• 287(g) agreements lead to racial profiling.
• 287(g) agreements can put an additional burden on local safety net programs like foster care.