287(g) Expansion Act
- Bill Number
- S. 4405
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-04-28: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-05-18T18:43:04Z
AI-Generated Summary
Purpose
The 287(g) Expansion Act (S. 4405) aims to encourage states and local governments to partner with federal immigration authorities by offering increased federal grant funding. Specifically, it rewards jurisdictions that enter into 287(g) agreements—contracts with U.S. Immigration and Customs Enforcement (ICE) allowing local law enforcement officers to assist with certain immigration enforcement tasks under federal supervision.
Key Provisions
- Eligibility and Application: States or local governments (political subdivisions) with an active 287(g) agreement can apply to the U.S. Attorney General for extra funding, overriding standard grant rules.
- Funding Increase: Upon approval (with input from the Secretary of Homeland Security confirming the agreement), the Attorney General must boost the jurisdiction's annual Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) allocation by up to 10% of its average funding over the prior three years.
- Funding Authorization: Allocates $20 million annually from fiscal years 2027 through 2033 exclusively for these grant increases.
Significant Changes to Existing Law
- Modifies Section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (governing Byrne JAG allocations) by explicitly allowing these targeted increases, which were not previously authorized.
- Introduces a new incentive mechanism tied directly to immigration enforcement cooperation, bypassing standard allocation formulas or caps.
Potential Impacts
- Government Agencies: Increases administrative workload for the Department of Justice (DOJ) and Department of Homeland Security (DHS) in reviewing applications and distributing funds; expands ICE's local partnerships.
- Citizens and Communities: Participating areas may see heightened local immigration enforcement (e.g., identifying and detaining removable noncitizens during routine policing), potentially affecting immigrant populations; non-participating areas receive no boost.
- No direct international relations impact noted.
Main Stakeholders Affected
- States and local governments: Eligible for extra Byrne JAG funds (used for policing, courts, crime prevention) if they join 287(g) programs.
- Local law enforcement agencies: Gain resources but take on immigration duties.
- Federal agencies: DOJ (grant distributor) and ICE/DHS (agreement overseers).
- Immigrant communities: May face increased scrutiny in cooperating jurisdictions.
Notable Legal, Constitutional, or Political Implications
- Legal: Creates a financial incentive for local-federal immigration cooperation without mandating participation, preserving local autonomy under the anti-commandeering doctrine (10th Amendment principle barring federal coercion of local officials).
- Constitutional: Aligns with existing 287(g) authority under the Immigration and Nationality Act; no apparent conflicts with federalism principles.
- Political: Could expand 287(g) programs (historically limited), signaling support for stricter immigration enforcement; may spark debates over local resources versus federal priorities.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2026-04-28: Read twice and referred to the Committee on the Judiciary.
- 2026-04-28: Introduced in Senate
Bill Versions
- 287(g) Expansion Act — issued 2026-04-28 — PDF (3 pages)