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Local police officers vs. ICE agents: What’s the difference?

There can be a lot of confusion over what an ICE agent can do compared to a local police officer.

For the first time in U.S. history, Immigration and Customs Enforcement (ICE) has detained more than 50,000 undocumented immigrants across the country, the federal agency reported.

While ICE agents enforce customs and immigration laws, they have identified as "police" in arrest videos obtained by the American Civil Liberties Union (ACLU) and in photographs where the word is emblazoned on their jackets.

An ICE spokesperson told 11Alive’s Elwyn Lopez that the word “police” is the most universally-recognized symbol of law enforcement in most cultures and without that identifier, the likelihood of a suspect resisting arrest or fleeing custody could go up.

However, immigration advocates believe that when ICE agents identity themselves as officers, it can cause trust issues in the community.

“If a member of a community that is often targeted by ICE is a domestic violence victim, is robbed or harmed, they may be less likely to report it to police because they are worried that they or a family member could be deported if they say something,” said Sean J. Young, Georgia’s legal director for the ACLU.

So, what’s the difference?

ICE is the enforcement arm of the Department of Homeland Security and its agents are federal law enforcement officers.

“ICE agents obviously have a specific mission,” said Azadeh Shashahani, legal and advocacy director for Project South in Atlanta, which advocates for a legal infrastructure for immigrant rights. “They work for the Department of Homeland Security and their mission is immigration enforcement.”

On the other hand, police officers represent local jurisdictions. Among other things, they patrol neighborhoods and look for law violations in the community they serve.

Norcross Police Sergeant Arelis Rivera said trust between local police and the community is paramount. Immigrants often times don't report crimes because of the lack of trust.

“Unfortunately, what happens is that criminals and thieves … they know the Hispanic community, more likely than not, will not report a crime,” Rivera said. “So they get re-victimized.”

Making them a target for criminals. 

In 2017, the Los Angeles Police Department sent a letter to ICE asking agents to stop identifying themselves as police – because they said it mislead the public into believing that they were talking to LAPD officers.

Several counties in Georgia have an agreement with ICE regarding department authority across different jurisdictions. When it comes to imprisonment, a non-citizen who is arrested on state or local charges can be interrogated and placed on an immigrant detainer, making them subject to deportation.

RELATED: Immigration cases soar at Gwinnett County Jail

The 287(G) Agreements in Georgia are listed below*

BARTOW COUNTY

Entity: Sheriff's Office

Type of 287(G) agreement: Jail Enforcement

Last Renewed: Feb. 21, 2018

Policy expires: June 30, 2019

Policy agreement: https://www.ice.gov/doclib/287gMOA/287G-Bartow.pdf

Inter-Governmental Service Agreement: No

COBB COUNTY

Entity: Sheriff's Office

Type of 287(G) agreement: Jail Enforcement

Last Renewed: June 30, 2016

Policy expires: June 30, 2019

Policy agreement: https://www.ice.gov/doclib/287gMOA/r_287gcobbcounty.pdf

Inter-Governmental Service Agreement: Yes. Contract with ICE setting standards for detention of immigrants. Daily detention reimbursement rate is $42.58 per day. (https://www.ice.gov/doclib/foia/isa/r_droigsa080015cobbcountyga.pdf)

FLOYD COUNTY

Entity: Sheriff's Office

Type of 287(G) agreement: Jail Enforcement

Last Renewed: Feb. 2, 2018

Policy expires: June 30, 2019

Policy agreement: https://www.ice.gov/doclib/287gMOA/287g-Floyd.pdf

Inter-Governmental Service Agreement: No

GEORGIA DEPT. OF CORRECTIONS

Entity: Department of Corrections

Type of 287(G) agreement: Jail Enforcement

Last Renewed: Feb. 5, 2018

Policy expires: June 30, 2019

Policy agreement: https://www.ice.gov/doclib/287gMOA/287g-GADOC.pdf

Inter-Governmental Service Agreement: No

GWINNETT COUNTY

Entity: Sheriff's Office

Type of 287(G) agreement: Jail Enforcement

Last Renewed: June 30, 2016

Policy expires: June 30, 2019

Policy agreement: https://www.ice.gov/doclib/287gMOA/r_287ggwinnetcountyso.pdf

Inter-Governmental Service Agreement: No

HALL COUNTY

Entity: Sheriff's Office

Type of 287(G) agreement: Jail Enforcement

Last Renewed: June 23, 2016

Policy expires: June 30, 2019

Policy agreement: https://www.ice.gov/doclib/287gMOA/r_287ghallcountyso.pdf

Inter-Governmental Service Agreement: Yes IGSA: https://www.ice.gov/doclib/foia/isa/igsahallcountyjail.pdf

ICE/BOP rider: https://projectsouth.org/wp-content/uploads/2018/10/Hall-County-IGSA.pdf

WHITFIELD COUNTY

Entity: Sheriff's Office

Type of 287(G) agreement: Jail Enforcement

Last Renewed: June 8, 2016

Policy expires: June 30, 2019

Policy agreement: https://www.ice.gov/doclib/287gMOA/r_287gwhitfieldso.pdf

Inter-Governmental Service Agreement: Yes https://www.ice.gov/doclib/foia/isa/igsaWhitfieldCountyGa.pdf

IGSA Info: Contract with ICE setting standards for detention of immigrants. Daily detention reimbursement rate: $41.03 per day.

*as detailed on the Project South website

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