287(g) challenges the status quo

It may not be popular or pretty, but the Davidson County Sheriff’s Office use of a once little-known federal law to create a local immigration screening operation in the Metro jail is incredibly effective.

The law, 287(g) as it is known, was passed during the Clinton administration as a way to empower local law enforcement to act as an extension of the federal immigration service. The federal government supplies software and training. In return, those arrested or detained in local jails face the prospect of having their immigration status checked. If the arrested person proves to be in the country illegally, they are then taken before an immigration judge for possible deportation.

Of course, sheriff deputies are not on the streets making arrests, so the 287(g) system in Nashville is driven by Metro’s various police agencies. The key here is that one must be jailed before the potential 287(g) screening ever happens.

Herein lies the controversial part of 287(g). Immigrant advocates say the law is being abused by police who are profiling Latino drivers for minor traffic violations, arresting them for having no license instead of citing them and then seeing them deported once arrested via 287(g). Metro Police maintain officers overlook minor driving infractions —specifically driving without a license — if another form of identification can be produced.

The real truth behind the complaints against 287(g) is that it simply runs contrary to this country’s de facto policy of looking the other way when it comes to illegal immigration. For decades, the leaders of both political parties – including tough-talking Republicans – have simply ignored the issue of illegal immigration. Even in the wake of 9/11, our country’s borders remained porous and open.

The local application of the 287(g) law flies in the face of that lazy, even dangerous, status quo. Sheriff Daron Hall is getting the brunt of the anger for this program, but he is to be commended. With 3,500 illegal immigrants deported, including dozens of gang members, the local use of this federal law is doing what generations of Washington politicians would not.