Secret ICE memo tells local police not to disclose 287(g) records without federal approval

A confidential ICE memo sent between April 19 and May 5, 2026, to local law enforcement agencies in Texas and Florida instructs them not to respond to FOIA or state public records requests about 287(g) immigration enforcement activities without first consulting ICE. The directive was first reported by Monique O. Madan at WGCU and the Florida Tribune on May 6, 2026, and by Reason on May 8, 2026. (WGCU) (Reason)

The memo claims that records generated through 287(g) participation are "under the control of ICE" rather than the local agency, and therefore can't be released without prior federal approval. Local agencies are also instructed to consult ICE before press conferences, press releases, media ride-alongs, and social media posts about 287(g) activities. (WGCU) (Reason)

The 287(g) program (named for Section 287(g) of the Immigration and Nationality Act) allows ICE to delegate immigration enforcement authority to local law enforcement agencies through written agreements. ICE administers the program and publishes the full list of participating agencies on its website. The program expanded from 135 participating agencies in January 2025 to more than 1,700 in May 2026, a more than 12-fold increase under the Trump administration. (ICE.gov: 287(g) Program) (NPR)

The ICE memo directly conflicts with Florida's Sunshine Law, one of the nation's oldest open-government statutes, in effect since 1909 and predating the federal Freedom of Information Act by 57 years. Florida law requires state and local governments to make all public records available on request. The ICE memo's claim that 287(g) records belong to the federal government creates a conflict between federal control and state transparency requirements that courts haven't yet resolved. (WLRN)

The legal theory behind the memo, that federal involvement in local enforcement operations gives the federal government control over resulting records, has not been tested in court. Legal scholars say state sunshine laws and federal FOIA are parallel systems; a federal agency's claim of ownership over locally generated records is legally novel and would likely face court challenges. (Florida Tribune)

ICE pays local agencies to participate in the 287(g) program. An NPR investigation found ICE provides financial incentives including reimbursements for personnel costs and quarterly performance awards to encourage participation. Naureen Shah, director of government affairs for immigration at the ACLU, told NPR: "We've never seen this financial incentive scheme exist in any way with this program, and Congress never intended for ICE to be swooping in to these local jurisdictions and offering them money." The memo prevents the public from scrutinizing what those financial partnerships produce in the field. (NPR)

The memo was verified to have been sent to agencies in Texas and Florida, which represent only a fraction of the 1,700+ agencies now participating in 287(g). Whether the directive was sent to all 1,700+ participating agencies nationally has not been confirmed. Florida Tribune reporter Monique O. Madan, who broke the story, was only able to verify receipt in Texas and Florida. Federal sources told WLRN the protocol is rolling out across the country. (WGCU) (WLRN)