287(g) Expansion Now in 100+ Jurisdictions: What Routine Traffic Stops Mean for Immigrants in 2026

A routine traffic stop used to be just that — routine. A broken tail light, a rolling stop, maybe a speeding ticket. You'd get your citation and drive away. In 2026, that same traffic stop can now lead to your deportation.

The reason is a little-known federal program called 287(g), and it has exploded in scope under the Trump administration. As of February 2026, more than 100 local police departments and sheriff's offices across the United States have signed 287(g) agreements with ICE, giving local officers the authority to perform federal immigration enforcement functions.

That means the officer pulling you over for a traffic violation may also have the legal authority to check your immigration status, detain you for ICE, and initiate deportation proceedings — all during what should have been a 10-minute stop.

What Is 287(g)?

Section 287(g) of the Immigration and Nationality Act allows the federal government to enter into agreements with state and local law enforcement agencies. Under these agreements, selected officers receive training and are authorized to perform specific immigration enforcement functions that are normally reserved for federal immigration agents (ICE).

In practical terms, this means:

• Local police can ask about your immigration status during any lawful encounter — traffic stops, domestic calls, accident investigations
• Officers can run your information through federal immigration databases to check for warrants, prior removal orders, or immigration holds
• Officers can issue immigration detainers — requests to hold you in jail for up to 48 hours so ICE can pick you up
• Officers can initiate the paperwork for removal proceedings, effectively starting your deportation case from a county jail

How Big Is the Expansion?

The growth has been staggering:

• 2024: Approximately 22 active 287(g) agreements nationwide
• Early 2025: Expanded to approximately 50 jurisdictions
• February 2026: Now active in 100+ jurisdictions across 30+ states

The White House has described 287(g) as a "tailor-made tool" for its mass deportation agenda. Former INS Commissioner Doris Meissner noted that the program, once underused and controversial, has become a cornerstone of enforcement strategy.

The expansion targets both rural and urban jurisdictions. Counties that previously refused to cooperate with ICE are now being pressured through federal funding threats and political incentives. Several states have passed laws requiring local cooperation with federal immigration enforcement, effectively forcing sheriffs to participate whether they want to or not.

What This Means During a Traffic Stop

Here is what can happen during a traffic stop in a 287(g) jurisdiction — step by step:

1. You are pulled over for a routine traffic violation (speeding, broken light, expired tags)
2. The officer asks for your license and registration. If you cannot produce a valid driver's license — or if your license is from another state or country — this may trigger additional questions
3. The officer asks about your immigration status. In a 287(g) jurisdiction, the officer has been trained and authorized to ask this question and may be required to do so by departmental policy
4. Your information is run through federal databases. The officer checks your name, date of birth, and any identifying information against ICE databases including EARM (Enforcement Alien Removal Module) and NCIC (National Crime Information Center)
5. If a match is found — a prior removal order, an outstanding ICE warrant, an expired visa, or any immigration flag — the officer may detain you on the spot
6. An immigration detainer is issued. You are taken to the local jail and held for up to 48 hours (not counting weekends or holidays) for ICE to pick you up
7. ICE takes custody. You are transferred to ICE detention, and removal proceedings begin

All of this can happen because you had a broken tail light.

Your Rights During a Police Encounter

Whether you are a citizen, lawful permanent resident, visa holder, or undocumented, you have constitutional rights during any police encounter. Knowing and exercising these rights can protect you:

1. You Have the Right to Remain Silent

The Fifth Amendment protects you from self-incrimination. You do not have to answer questions about where you were born, your immigration status, or how you entered the United States.

You can say: "I am exercising my right to remain silent."

Be polite but firm. You do not need to explain why you are exercising this right. Do not lie — lying to a police officer can create additional criminal charges. Simply decline to answer.

2. You Do Not Have to Consent to a Search

The Fourth Amendment protects you from unreasonable searches. If an officer asks to search your car, your bag, or your person, you can say: "I do not consent to a search."

If the officer searches anyway, do not physically resist — but clearly state your objection. This matters later in court.

3. Ask if You Are Free to Leave

If you are not under arrest, you have the right to leave. Ask clearly: "Am I being detained, or am I free to go?"

If the officer says you are free to go, leave calmly and immediately. Do not run. Do not make sudden movements. Walk away at a normal pace.

4. You Have the Right to an Attorney

If you are arrested or detained, clearly state: "I want to speak to a lawyer." Then stop talking. Do not answer any more questions until your attorney is present.

This applies even in immigration proceedings. While there is no constitutional right to a government-appointed attorney in immigration court, you absolutely have the right to hire one and to refuse to answer questions without counsel.

5. Do Not Sign Anything

Do not sign any documents without an attorney reviewing them first. ICE officers may present forms including voluntary departure agreements or stipulated removal orders. Signing these documents can waive your right to a hearing and result in immediate deportation. If presented with paperwork, say: "I need to speak to my attorney before I sign anything."

6. Do Not Provide False Documents

Never present false identification or documents to a police officer. This creates serious criminal charges on top of any immigration issues and will severely damage your case.

Where Are 287(g) Agreements Active?

As of February 2026, 287(g) agreements are concentrated in — but not limited to — the following states:

• Texas: Multiple counties including Harris, Tarrant, Dallas suburban counties, and border counties
• Florida: Statewide cooperation mandated by state law
• Georgia: Multiple counties, particularly in metro Atlanta suburbs
• North Carolina: Several counties including Mecklenburg and surrounding areas
• Arizona: Expanded agreements across most counties
• Virginia: Multiple counties in northern Virginia and the Shenandoah Valley
• Alabama, Mississippi, Louisiana: Broad coverage across rural and suburban counties
• Tennessee, South Carolina: Expanding rapidly
• Minnesota: Recent surge following federal enforcement operations in January-February 2026

The full list of active 287(g) agreements is maintained by ICE and changes frequently. If you are unsure whether your local jurisdiction participates, assume it does and exercise your rights accordingly.

What If You Are Detained Under 287(g)?

If you or a family member is detained by local police under a 287(g) encounter:

1. Do not panic. Exercise your right to remain silent and request a lawyer
2. Do not sign any documents. Anything you sign could be used against you
3. Contact your attorney immediately. If you do not have an attorney, call Modern Law Group at (888) 902-9285
4. Note the details: The officer's name and badge number, the agency involved, the reason you were stopped, and anything that was said. Write this down as soon as you can
5. Know that a detainer is not a warrant. An immigration detainer is a request from ICE, not a court order. In some jurisdictions, local police are not legally required to honor detainers, though most 287(g) jurisdictions will comply
6. You may be eligible for bond. Even after transfer to ICE custody, you may have the right to a bond hearing before an immigration judge. Your attorney can request this immediately

How 287(g) Affects Different Immigration Statuses

• Undocumented individuals: Highest risk. Any police encounter in a 287(g) jurisdiction can result in detention and removal proceedings. Carry your emergency contact card at all times
• DACA recipients: While DACA provides temporary protection, a criminal arrest (even for a traffic violation in some jurisdictions) can trigger USCIS review of your DACA status. Exercise extra caution
• Visa holders: If your visa has expired or your status has lapsed, a 287(g) encounter can flag you for removal. Keep your immigration documents current
• Lawful permanent residents (green card holders): A criminal conviction — even a misdemeanor — can trigger removal proceedings for LPRs. A 287(g) encounter that leads to criminal charges creates dual risk
• Asylum seekers: If you have a pending asylum case, a 287(g) encounter could result in detention. Carry proof of your pending application at all times
• TPS holders: Keep your TPS documentation and valid EAD on your person. A 287(g) officer may not be familiar with TPS protections
• U.S. citizens: You may still be stopped and questioned. Officers make mistakes. Carry identification and know your rights

Legal Challenges to 287(g)

Civil rights organizations and immigration advocacy groups are actively challenging 287(g) on several grounds:

• Due process violations: Local officers with minimal immigration training are making complex legal determinations that federal agents are specifically trained for
• Racial profiling: Studies have shown that 287(g) jurisdictions disproportionately stop and question Latino and other minority drivers
• Inconsistent application: Standards vary wildly between jurisdictions, creating a patchwork where your rights depend on which county you happen to be driving through
• Chilling effect on public safety: Immigrant communities are less likely to report crimes or cooperate with police when they fear immigration consequences from any police interaction

Several federal courts have ruled that certain 287(g) practices violate the Constitution. However, the current administration continues to expand the program, and legal challenges take time to work through the courts.

Practical Steps to Protect Yourself

1. Know whether your jurisdiction has a 287(g) agreement. Check with local immigrant advocacy organizations or call our office
2. Always carry identification — your driver's license, state ID, or passport. For non-citizens, carry your immigration documents (green card, EAD, visa stamp, I-94)
3. Obey traffic laws meticulously. Do not give officers a reason to pull you over. Fix broken lights, renew your registration, use your turn signals, and do not speed
4. Keep your vehicle registration and insurance current. Expired registration is one of the most common reasons for traffic stops
5. Program your attorney's number in your phone. If you are stopped, you should be able to reach legal help immediately
6. Teach your family members their rights. Every adult in your household should know the phrases "I am exercising my right to remain silent" and "I want to speak to a lawyer"
7. Do not flee or resist. Running from a traffic stop creates criminal charges and eliminates options your attorney might otherwise have
8. Record the encounter if safe to do so. In most states, you have the right to record police interactions. Keep your phone accessible but do not make sudden movements

What You Should Do Right Now

• Check your vehicle: Lights, registration, insurance, license plates. Eliminate every reason an officer could have to stop you
• Prepare an emergency card with attorney contact info, your A-number, and key phrases in English
• Talk to your family — make sure every household member knows their rights and has emergency contacts
• Consult an immigration attorney if you have any pending immigration matters or concerns about your status
• Stay informed — 287(g) jurisdictions are expanding monthly. What was safe last year may not be safe today

At Modern Law Group, we represent clients in immigration bond hearings, deportation defense, and habeas corpus petitions nationwide. If you or a family member has been detained during a police encounter, time is critical. Call us immediately at (888) 902-9285.