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Fairfax Turned Down By 287(g) Program

By Greg L | 17 November 2008 | Fairfax County, Illegal Aliens, Crime | 17 Comments

After a rush of localities discovered the utility of deporting criminal illegal aliens rather than releasing them from jail after they served their sentences, Fairfax County Sheriff Stan Berry quietly applied to have Fairfax County participate in the Section 287(g) Program.  Unfortunately, it appears that waiting has consequences, as Fairfax County won’t be accepted into the program.  Berry claims that ICE rejected the application, a contention with which ICE doesn’t exactly agree with, but there clearly is a resource issue at ICE that’s preventing more localities from becoming more effective partners with federal law enforcement authorities.  Most likely there’s more to this story, one which Councilman (and current Chairman candidate) Pat Herrity has pledged to ferret out.  Let’s hope he does.

Last summer some of heard about the flood of local agencies that were applying to participate in the Section 287(g) Program, and that approvals were starting to slow down considerably.  ICE was clearly having trouble dealing with the flood of illegal aliens being turned over for deportation from localities such as Prince William County that was providing instead of the forty deportees a month that was expected, well over a hundred.  Localities enter into a Memorandum of Understanding with ICE before the program starts which estimates the number of illegal aliens that are expected to be found, and ICE programs the support needed to fulfill that agreement based on this estimate.  Once the program starts, it is almost always the case that the estimate woefully underestimated the scope of the problem, and ICE has to struggle in order to remove deportable aliens within the timeframe established in the MOU.

Given the unexpected demand, ICE’s response was to slow down approvals for Section 287(g) Participation so as not to make their resource problem worse.  This was expected to be a relatively short-term unofficial bureaucratic fix that would allow the agency to secure additional resources from Congress and get those resources programmed.  At some point the logjam would be released, and those pending applications would start getting approved.  ICE really didn’t have much of an alternative, since denying applications was fraught with political peril, but they couldn’t add more demand to the program which was already supply-challenged at best.

That logjam has started to clear, and a record number of applications from localities have been approved so far this year. Yet Fairfax county wasn’t among them.  The content of the application that Fairfax County made could be the difference.  It is hardly beyond the realm of possibilities that Fairfax attempted to create a weak program that would “check the box” that Fairfax County was doing something, while the agreement would have resulted in little if any change to their current practices and procedures.  If that happened, ICE would be put in the position of providing political cover for the weak approach to enforcing the law that had been a hallmark of Fairfax County.  ICE then had the opportunity to refuse to provide political cover for a locality that hadn’t been very helpful, if this is what happened.

We’ll see when MOU proposed by Fairfax County comes to light.  If it contains a list of offenses to be covered that duplicates the small number of crimes for which illegal aliens are already being deported, we’ll have our answer, and we’ll have a reason to thank ICE for not allowing themselves to be used.

UPDATE: Here’s a list of the localities that have been accepted in Virginia.  There are 63 localities in the United States that are enrolled in the Section 287(g) Program.

City of Manassas Police Department TFO


Herndon Police Department TFO


Loudoun County Sheriff’s Office TFO


Manassas Park Police Department TFO


Prince William County Police Department TFO


Prince William County Sheriff’s Office TFO


Prince William-Manassas Adult Detention Center JEO


Rockingham County Sheriff’s Office JEO/TFO


Shenandoah County Sheriff’s Office TFO


JEO = Jail Enforcement Officers
TFO = Task Force Officers

Source: Bureau of Immigration and Customs Enforcement

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  1. Loudoun Insider said on 17 Nov 2008 at 10:30 pm:
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    greg, shouldn’t that be PAT Herrity?

    [Ed note: yes. Looks like a habit got the best of me. Thanks for the correction.]

  2. Hard R said on 17 Nov 2008 at 11:48 pm:
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    Herndon’s 287(g) report as of 17 November 2008:


    The table below provides statistical data in relation to the Town of Herndon’s Memorandum of Agreement (MOA) with Immigration and Customs Enforcement (ICE). A detainer is generally obtained when the investigation, or ICE authorization, calls for detention. Detainees are held in the Fairfax County Adult Detention Center and eventually processed through the federal court system. Final disposition of these cases is under the purview of ICE.

    2008 Investigations Detainers Issued
    January 15 4
    Februar 17 5
    March 16 12
    April 12 6
    May 21 10
    June 2 0
    July 27 12
    August 44 11
    September 21 11
    October 29 16
    Year to Date 204 87

  3. Anonymous said on 18 Nov 2008 at 12:18 am:
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    3500 illegals were released from jail and back into the public domain in Houston, Texas. Among them were child molesters and other felons. Looks like ICE is getting ready and is starting to end it’s crackdown on illegals before it is mandated by Obamarama.

  4. Loudoun Insider said on 18 Nov 2008 at 12:55 am:
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    Who knows, maybe Gerry Connolly sabotaged this behind the scenes.

  5. junes_reston said on 18 Nov 2008 at 7:47 am:
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    It would not surprise me if more jurisdictions applying for Section 287(g) Participation are rejected. What is the need if Congress plans to legalize illegal aliens anyway?

    DHS took the first step towards technically “legalizing” illegal aliens in the work force by exempting Federal Contractors with contracts less than $100,000 from verifying worker eligiblity and eliminating all ICE Raids as an added incentive to hire illegal aliens.

    Obama AND McCain promised to revisit Immigration Reform, and I don’t doubt for a moment Warner, Moran and Connolly are doing high-fives.

  6. freedom said on 18 Nov 2008 at 9:42 am:
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    …but Junes, we have a President elect who says he will create jobs and lower the unemployment rate. Wouldn’t it make sense for him to reduce the eligible labor pool by discouraging employment (and encouraging expulsion and/or repatriation) of those who violated our laws to be here in the first place?

    By the way, won’t it be nice when April 15 rolls around and those of us who make less than $250K per year realize a tax cut? Can’t wait….:)

  7. Arlington Minority said on 18 Nov 2008 at 10:13 am:
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    Presumably his call includes criminal illegals, all in the name of preventing our illegal problem from continuing to fester. With that kind of moral leadership, why not just declare all 200 million of the world’s “migrants” as victims and invite them all in to fatally destroy our economy, culture and rule of law? Who says you can’t mix politics with religion?

  8. Anonymous said on 18 Nov 2008 at 10:34 am:
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  9. rebelreggie said on 18 Nov 2008 at 10:50 am:
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    Mexico Demands U.S. Allow More Immigration Jan 10 03:09 AM US/Eastern
    Associated Press Writer
    MEXICO CITY (AP) - Diplomats from Mexico and Central America on Monday demanded guest worker programs and the legalization of undocumented migrants in the United States, while criticizing a U.S. proposal for tougher border enforcement.

    Meeting in Mexico’s capital, the regional officials pledged to do more to fight migrant trafficking, but indirectly condemned a U.S. bill that would make illegal entry a felony and extend border walls.

    “Migrants, regardless of their migratory status, should not be treated like criminals,” they said.

    The countries represented at the meetingincluding Mexico, Nicaragua, Guatemala, El Salvador, Honduras, Belize and Panamacreated a working group to design a regional policy to avoid migrant abuse and to follow the course of the legislation.

    “There has to be an integrated reform that includes a temporary worker program, but also the regularization of those people who are already living in receptor countries,” Mexican Foreign Relations Secretary Luis Ernesto Derbez said.

    Derbez has called the measurewhich passed the U.S. House of Representatives last month but still must go before the Senate”stupid and underhanded,” but was somewhat more restrained on Monday, saying “it’s not the Mexican government’s position to tell the U.S. Senate what to do.”

    The U.S. proposal has caused widespread resentment in Mexico, where some have accused President Vicente Fox’s administration of not being assertive enough in opposing it. Fox has called the bill shameful.

    Mexicans working in the United States are a huge source of revenue for Mexico, sending home more than $16 billion in remittances in 2004, Mexico’s second largest source of foreign currency after oil exports according to the country’s central bank.

    Fox’s spokesman, Ruben Aguilar, defended the administration’s record on Monday, telling reporters that migration has declined in recent years, though official figures show it remains at historically high levels.

    Aguilar also said migrants “don’t emigrate because they lack work, but rather for a series of other reasons, cultural reasons or better living conditions.”

  10. Jack said on 18 Nov 2008 at 10:54 am:
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    Please, let’s find a way to defeat Sharon Bulova for Chairman in Fairfax. We are screwed if we have any more Connolly or Connolly puppets directing policy in Fairfax.

  11. Ron said on 18 Nov 2008 at 1:29 pm:
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    It’s Barry, not Berry.

    SOmething is rotten in the County of Fairfax. Just curious, did Fairfax City apply independently, or can they?

  12. rebelreggie said on 18 Nov 2008 at 4:59 pm:
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    Rep. Leo Berman to challenge 14th Amendment
    Jim Epperson editor@bullardnews.com

    Rep. Leo Berman (R-Tyler) said he introduced a bill Monday designed to challenge the 14th Amendment, which he said does not give birthright citizenship to children born in the United States to illegal immigrant parents.

    Berman said if the bill is signed into law, it will immediately be challenged in federal court by groups like the American Civil Liberties Union. Berman hopes the case will go all the way to the U.S. Supreme Court to change the interpretation of the amendment.

    “We want to be sued,” Berman said.

    The bill, one of nine illegal alien bills Berman filed Monday at the capitol, would not give birth certificates to children born in Texas whose parents are illegal aliens. The child would be given a certificate that proves it was born, then it could go to the family’s home country to prove citizenship.

    “We have approximately two million illegal aliens in texas at a cost to texas tax payers of $4 billion every year,” he said.

    Berman said since illegal aliens do not have jurisdiction in the United States, neither should their children.

    “We are handing out 350,000 U.S. citizenships to children born here illegally,” he said.

    Berman said taxpayers are paying for 12,500 incarcerated illegal aliens in state prisons, and as many more in the county and municipal jails. Texans are paying $39 million a year to incarcerate illegal aliens.

    Hospitals in Dallas, Houston and Fort Worth see more than 70 percent of new child births from illegal aliens. This puts a financial burden on hospitals, Berman said.

    A federal mandate to give health care services anyone needing emergency treatment regardless of citizenship, legal status or ability to pay.

    “It really bothers me that illegal aliens have better health benefits than many of my middle income constituents,” he said.

    States around Texas like Oklahoma and Arizona passed legislation to deal with the illegal alien problems in those states. As a result of that legislation illegal aliens began to leave, but they came to Texas, Berman said.

    Berman is now introducing an identical bill to Oklahoma’s illegal immigration law. The law authorizes law enforcement officers to take 287 G training from the U.S. Department of Homeland Security.

    The bill also severely punishes employees of illegal aliens and those who transport or house them. The Oklahoma law also deals with identity theft, “much of which is being done by illegal aliens,” Berman said.

    Berman’s bills will be among 30 or so filed this session trying to prevent burdens caused by illegal aliens on Texas taxpayers, he said.

    “If we cannot pass legislation to deal with a huge illegal alien problem in texas, then at the end of the next session I will consider running for governor of the state of texas, to be able to use the executive powers of the office of governor to deal with this major problem.”

  13. Groveton said on 18 Nov 2008 at 10:58 pm:
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    Fairfax County has 1,041,200 citizens. The total of all jurisdictions in ICE from Virginia is 712,516. So, ICE’s Virginia program would be 2.5 times bigger if they added Fairfax County than if they did not.

    Maybe ICE thought it should think through the steps required to become 2.5 times bigger overnight as an alternate to first drooling and then humping the leg of the RPV.

  14. legal2 said on 18 Nov 2008 at 11:19 pm:
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    And the persecution of law enforcement begins. Cheney indicted by Texas Grand Jury of alleged abuse of prisoners in federal detention centers. When it’s all over, even the worst of the worst illegals will probably be released, imo. http://www.brownsvilleherald.com/news/brownsvilleherald_91922___article.html/attorney_state.html

  15. DportM said on 19 Nov 2008 at 12:43 pm:
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    Being rejected from the 287(g) program seems mighty suspicious to me. Note in the article that ICE said they weren’t rejecting applicants.

    Hopefully Pat Herrity can get to the bottom of this. I don’t think much of him, however, because he publicly criticized PWC’s crackdown on illegal immigrants.

  16. Johnson said on 20 Nov 2008 at 3:45 pm:
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    Souunds like the Sheriff got caught applying and had to come up with something to tell the apologist BOCS.

  17. Wolverine said on 20 Nov 2008 at 4:29 pm:
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    Interesting to see that Rockingham and Shenandoah counties have been on the 287(G) active list since 2007. From what I hear, I-81 has become a virtual river of illegal drug and weapons traffic. Too bad we do not see Frederick County, VA, and Winchester on the same list.

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