U.S. Immigration and Customs Enforcement is asking police agencies across the country to join it in a partnership, but so far no Maine departments have signed on.
The partnership operates under the 287(g) Program, which allows ICE to delegate authority to local police officers “to protect the homeland through the arrest and removal of aliens who undermine the safety of our nation’s communities and the integrity of U.S. immigration laws.”
The program was started in 1996 but President Donald Trump expanded it through an executive order he signed on his first day in office. The order reinstated part of the model that former President Barack Obama ended in 2012 following federal investigations and lawsuits.
Participating in the program may stretch already short-staffed police departments and pull resources away from the daily needs of a municipality. It’s unclear what the federal agency expects from the partnership, an expert said.
While no Maine police departments have signed onto a partnership, Trump’s expansion of the program is an indication of how he is prioritizing immigration enforcement during his second term. He’s ramped up raids by ICE, is trying to end birthright citizenship for children of illegal immigrants and wants to change immigration status for some people who are in the U.S. legally.
Any law enforcement agency or municipality in the state should consult with its legal counsel before signing any agreement with ICE, said Rebecca Graham, a senior legislative advocate with the Maine Municipal Association.
The association sent out guidance to municipalities outlining the history of the program and the three models it operates under, Graham said. It’s unclear what kind of response, if any, ICE expects under the Trump administration.
“Under federal law it’s purely voluntary and they can’t compel participation,” Graham said. “We don’t know what that means but we know that there’s a new sheriff in town.”
Because the partnership is voluntary, each agency has the ability to determine if the program will be beneficial and serve the needs of its community, Graham said.
No agencies from Maine are on the pending or participating lists as of Monday morning, when the list was last updated. There are 336 agencies participating, with another 33 pending, in 32 states, according to ICE. Florida Gov. Ron DeSantis signed an order for a statewide participation in the program, while Georgia has a law ordering that police ask to participate but does not mandate participation.
There were 135 agencies participating before Trump issued the executive order on Jan. 20.
The majority of agencies are participating in the Task Force Model, in which local law enforcement has limited immigration authority during regular police duties and oversight from ICE. It is a “force multiplier” for the federal agency.
Brewer police were contacted about the program but the department is not fully staffed so its focus is on providing local services, Deputy Chief Chris Martin said. The agency does work with, and will continue to work with, federal, state, county and municipal law enforcement agencies, he said.
Portland police have not been contacted by ICE about the program, Public Information Officer Brad Nadeau said.
The Bangor Police Department and the Maine State Police did not respond to requests for comment.
Law enforcement agencies should get approval from their local town council or equivalent before entering an agreement, Graham said. Immigration law is administrative, not criminal, which opens up questions about constitutionality.
The salary, any overtime and all other costs of the local police officer who is assigned to work with ICE are covered by the officer’s agency, under the standard memorandum of agreement for the Task Force Model. ICE will provide instructors and training material.
“That’s been a problem with the task force model,” Graham said. “A lot of those positions have gone unfilled because folks don’t have the bodies to give up to it. They recognize its need and they recognize its importance, but they have no staffing to deal with the emergency issues that they have in communities now.”
