Marathon County Sheriff clarifies 287(g) agreement with ICE

MARSHFIELD, WI—(WFHR/WISS)—A Wisconsin sheriff is calling out news outlets for misrepresenting certain agreements with U.S. Immigration and Customs Enforcement (ICE) and sheriff departments across the state.

Marathon County Sheriff Chad Bileb says inaccurate and misleading claims in a Channel 9/WAOW news story undermine public trust and create unnecessary fear in the community about how his deputies handle immigration enforcement.

The news report said Marathon County deputies would request immigration documentation, in addition to driver’s licenses, during routine law enforcement contacts with individuals suspected of being in the country illegally.  In a press release, Bileb said that is a false assertion.

According to a statement from Sheriff Bileb, deputies have not and do not request immigration documentation during traffic stops, investigations, or any routine law enforcement interaction. Deputies are neither authorized nor directed to conduct immigration enforcement in the field.

Bileb said 287(g) agreements with ICE only apply to the jail setting under the Jail Enforcement Model.

Under this program:

• Only specially trained correctional staff participate
• The program applies only after an individual has been arrested for a criminal offense and booked into the Marathon County Jail
• Patrol deputies and road officers are not involved in immigration enforcement activities
• No immigration inquiries are conducted during routine community contacts

Types of 287(g) agreements

According to ICE’s webpage, there are four types of 287(g) agreements that sheriff’s departments and police agencies can make with ICE. 

• Jail Enforcement Model: Designed to identify and process removable aliens — with criminal or pending criminal charges — who are arrested by state or local law enforcement agencies.
• Task Force Model: Serves as a force multiplier for law enforcement agencies to enforce limited immigration authority with ICE oversight during their routine police duties.
• Tribal Task Force Model: Serves as a force multiplier for tribal law enforcement agencies to enforce limited immigration authority with ICE oversight under Title 25 USC 2804.
• Warrant Service Officer program: Allows ICE to train, certify, and authorize state and local law enforcement officers to serve and execute administrative warrants on aliens in their agency’s jail.

Marathon County Sheriff’s Department operates under the Jail Enforcement Model, while most of the other sheriff’s departments in Wisconsin operate under the Warrant Service Officer program.

Statewide Agreements

Statewide, 16 counties and one municipality, all in Central and Eastern Wisconsin, have 287(g) agreements with ICE. 

The counties and municipalities with 287(g) agreements with ICE are:

• Brown County: Warrant Service Officer
• Calumet County: Warrant Service Officer
• Fond du Lac County: Warrant Service Officer
• Kenosha County: Jail Enforcement Model
• Kewaunee County: Jail Enforcement Model and Warrant Service Officer
• Manitowoc County: Warrant Service Officer
• Marathon County: Jail Enforcement Model
• Marquette County: Warrant Service Officer
• Outagamie County: Warrant Service Officer
• Palmyra Police Department in Jefferson County: Task Force Model
• Sauk County: Warrant Service Officer
• Sheboygan County: Warrant Service Officer
• Washington County: Jail Enforcement Model
• Waukesha County: Jail Enforcement Model and Warrant Service Officer
• Waushara County: Warrant Service Officer
• Winnebago County: Warrant Service Officer
• Wood County: Warrant Service Officer