San Bernardino County Sheriff's Department suspends its participation in controversial 287(g) program

Published: Friday, May 16, 2014 10:21 AM PDT

The San Bernardino County Sheriff’s Department is suspending its participation in a section of the Immigration and Nationality Act known as the 287(g) program, officials announced this week.

The 287(g) program 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 program had been controversial in the local area for several years and was opposed by supporters of undocumented residents.

The recent U. S. Court decision, which came out of Clackamas County, Oregon, stated the use of 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 S.B. County Sheriff’s Department 287(g) program will be suspended until the authority of immigration detainers is determined. Once a court decision is established, the Sheriff’s Department will implement proper procedures to be compliant, officials said.

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