The 287(g) program, a collaboration between local law enforcement agencies and U.S. Immigration and Customs Enforcement (ICE), has touted by law enforcement agencies as a tool to enhance community safety by targeting unauthorized immigrants involved in serious criminal activity. However, my study published in the AEA Papers and Proceedings entitled "DOJ Intervention and the Checkpoint Shift: Profiling Hispanic Motorists under the 287(g) Program" exposes an unfortunate consequence of these partnerships: the systematic profiling of Hispanic motorists, particularly in the face of Department of Justice (DOJ) interventions.
In this, we explore how local law enforcement agencies in North Carolina adjusted their policing strategies in response to a DOJ investigation into civil rights violations by the Alamance County Sheriff's Office—a key participant in the 287(g) program. This investigation, initiated due to concerns of unconstitutional policing practices targeting Latinos, prompted a significant shift in how other 287(g) agencies conducted traffic stops. Findings from our analysis suggest that after the DOJ filed its lawsuit, there was a notable increase in the proportion of Hispanic motorists stopped at checkpoints by agencies participating in the 287(g) program. This shift from low-level traffic violations to checkpoint stops is particularly concerning because it suggests the adaptation in policing strategies—potentially as a means to obscure discriminatory practices under the guise of legitimate enforcement actions.
These findings have profound implications. They not only highlight the risks associated with decentralized control over 287(g) program operations but also underscore how federal scrutiny can unintentionally lead to more sophisticated and less detectable forms of racial profiling. For policymakers, these results raise important questions about the efficacy and equity behind immigration enforcement programs like 287(g), especially in light of their potential to exacerbate racial disparities in policing.
As the debate over the future of immigration enforcement continues, this study serves as a critical reminder of the need for oversight and reform. The DOJ's role in curbing civil rights violations is vital, but it must be accompanied by mechanisms that prevent the displacement of discriminatory practices rather than merely driving them underground.
Rubalcaba J., Ortega A., and Dantzler P. “DOJ Intervention and the Checkpoint Shift:
Profiling Hispanic Motorists Under the §287(g) Program.” AER P&P
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