Minnesota Attorney General Keith Ellison is taking steps to stop local sheriff’s departments from handing over detained undocumented immigrants to Immigration and Customs Enforcement (ICE).
In a legal memo issued last month, Ellison claimed that only county commissions, not sheriffs, have the authority to sign 287(g) agreements with ICE.
According to the ICE website, Section 287(g) of the Immigration and Nationality Act allows ICE to transfer certain immigration enforcement duties to state and local law enforcement under ICE’s oversight.
This agreement facilitates local police in identifying undocumented immigrants in jails and enables quick transfers to ICE for arrest and deportation.
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Critics of Ellison’s memo argue that it lacks legal authority, suggesting that while Minnesota law empowers sheriffs to offer law enforcement services, it doesn’t permit them to engage in agreements with federal authorities. A press release from Ellison’s office reinforced this point.
Ellison noted that the detailed legislation concerning sheriff contracts for local law enforcement intentionally omits contracts with the federal government, implying that lawmakers meant to do so.
House Majority Whip Tom Emmer responded by stating that Ellison’s memo is not enforceable law, affirming that Minnesota sheriffs can work with ICE agents.
“Ellison’s views are simply opinions, not legal mandates,” Emmer said, criticizing him as a partisan individual who undermines law enforcement. He urged sheriffs to consult legal counsel and collaborate with federal immigration authorities to ensure safety in Minnesota.
Ellison’s directive against allowing 287(g) agreements with local sheriffs follows a time when the Trump administration expanded the program, contrasting the reduced enforcement during the Biden administration.
Currently, ICE has established over 1,255 287(g) agreements with local law enforcement agencies. In contrast, there were only 134 agreements when Trump assumed office.
