Blackburn, Graham Introduce Legislation to Strengthen Immigration Enforcement by Incentivizing States to Work with ICE

"State and local law enforcement should be doing everything in their power to partner with the federal government to enforce the rule of law in our communities following the Biden Border Crisis," said Senator Blackburn. "The 287(g) Expansion Act would strengthen immigration enforcement nationwide by offering states that agree to work with ICE more grant funding through the Byrne Memorial JAG Program, which is the primary federal grant funding stream for state and local law enforcement."

"No more excuses! When it comes to combating illegal immigration, local law enforcement has the legal authority and, if they choose, the means to go after criminal illegals in their communities. Our bill expands that opportunity. The 287(g) program is a longstanding partnership between federal and local law enforcement to combat illegal immigration. After four years of Biden's open borders, it's crucial that we expand this program to remove more dangerous illegal aliens," said Senator Graham. "While sanctuary states and cities obstruct ICE, this legislation rewards law enforcement agencies who work with the federal government to keep our communities safe. By expanding the 287(g) program, we are moving forward - not backward - with rational immigration policies."

BACKGROUND

• The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 added Section 287(g) to the Immigration and Nationality Act to authorize ICE to delegate state and local law enforcement officers the authority to perform specified immigration officer functions under ICE's direction and oversight.
  
  
• The program contains four models: jail enforcement, task force, tribal task force, and warrant service officer programs, extending access of federal immigration enforcement resources and training to state and local agencies.

• As of April 2026, 39 states and 49 Tennessee counties have at least one agency participating in one or more of the 287(g) programs, but the prevalence of sanctuary cities and jurisdictions-including 17 states and the District of Columbia-undermine the success of the 287(g) program.

287(g) EXPANSION ACT

• The 287(g) Expansion Act would permit states or counties to apply for an increase in Edward Byrne Memorial Justice Assistance Grant (JAG) Program funding once they have signed a 287(g) memorandum of understanding or agreement.
  
  
• Under this legislation, the U.S. Attorney General would be required to increase the amount of Byrne JAG grant funding by up to 10% of the average total amount of funding provided to that state or locality under the three most recent awards.

Click here for bill text.

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