Full, 11-page draft DHS memo outlining using National Guard for immigrant roundup

[jmg257]

25. Ah - so not federalizing NG units, but working with states through the AG...

Pursuant to Title 32 of the United States Code, State National Guard components are
employees of their respective states and are under the command of their Governors when they are
not in federal service. Based on their training and experience, these men and women are
particularly well-suited to assist in the enforcement of federal immigration law and augment
border security operations by Department components.

To maximize participation by state and local jurisdictions in the enforcement of federal
immigration law, I am directing the Director of ICE to engage with all willing and qualified law
enforcement jurisdictions for the purpose of entering into agreements under section 287(g) of the
INA. Additionally, I am directing the Commissioner of CBP and the Director of ICE to
immediately engage with the Governors of the States adjacent to the land border with Mexico and
those States adjoining such border States for the purpose of entering into agreements under
section 287(g) of the INA to authorize qualified members of the State National Guard, while such
members are not in federal service, or qualified members of a state militia or state defense force
under the command of the Governor, to perform the functions of an immigration officer in
relation to the investigation, apprehension, and detention of aliens in the United States.

INA 287(g)

(g) (1) 1/ Notwithstanding section 1342 of title 31, United States Code, the Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension or detention of aliens in the United States (including the transportation of such aliens across State line s to detention centers), may carry out such function at the expense of the State or political subdivision and to extent consistent with State and local law.

(2) An agreement under this subsection shall require that an officer or employee of a State or political subdivision of a State performing a function under the agreement shall have knowledge of, and adhere to, Federal law relating to the function, and shall contain a written certification that the officers or employees performing the function under the agreement have received adequate training regarding the enforcement of relevant Federal immigration laws.

(3) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State shall be subject to the direction and supervision of the Attorney General.

(4) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State may use Federal property or facilities, as provided in a written agreement between the Attorney General and the State or subdivision.

(5) With respect to each officer or employee of a State or political subdivision who is authorized to perform a function under this subsection, the specific powers and duties that may be, or are required to be, exercised or performed by the individual, the duration of the authority of the individual, and the position of the agency of the Attorney General who is required to supervise and direct the individual, shall be set forth in a written agreement between the Attorney General and the State or po litical subdivision.
...
(8) An officer or employee of a State or political subdivision of a State acting under color of authority under this subsection, or any agreement entered into under this subsection, shall be considered to be acting under color of Federal authority for purposes of determining the liability, and immunity from suit, of the officer or employee in a civil action brought under Federal or State law.