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What an ICE agreement is—and why the MOA is the starting point
Section 287(g) agreements allow participating state or local law-enforcement agencies to perform specified immigration functions under U.S. Immigration and Customs Enforcement (ICE) direction and supervision. ICE describes signing and submitting a memorandum of agreement as the route for an agency to participate. See ICE’s 287(g) program page.
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Ask for the signed MOA and appendices first. Then include records that show whether the agreement changed, how the agency put it into practice, and whether it involved costs or reimbursements. The agency may not hold every category, and a public-records request generally seeks existing records—not new answers, analysis or documents.
Which records to request
Use a defined date range and request records by category. Depending on what the agency maintains, useful categories include:
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- The current signed 287(g) MOA, all appendices and prior versions.
- Amendments, renewals, suspension notices, termination letters or records of withdrawal.
- Communications between the state police agency and ICE about adopting, operating, changing, suspending or ending the agreement.
- Communications with named state offices, such as the governor’s office, attorney general, legislature or other agencies.
- Policies, directives, training materials or guidance provided to participating officers about carrying out the agreement.
- Existing records describing implementation or activity under the agreement.
- Budgets, cost estimates, reimbursement requests, stipends or other records of money exchanged in connection with the agreement.
These are categories to request, not a claim that every agency possesses each record. Keep a request for agreement administration separate from a request for an individual’s immigration history or police-investigation file; different exemptions may apply to those records.
How to draft and submit the request
- Identify the exact agency. Use the state police agency’s official public-records or FOIA instructions. The title alone does not identify a state, and procedures differ.
- Set a date range. Give a start and end date, and name any specific state offices or recipients whose communications you want included.
- Use likely search terms. Include “287(g),” “ICE,” “Immigration and Customs Enforcement,” and “memorandum of agreement” or “MOA.”
- Ask for existing records and a format. Request electronic copies if available. Do not ask the records office to answer questions, explain policy or create a new analysis.
- Submit through the agency’s published channel. For example, Michigan State Police lists its request channels and process information, while Illinois State Police publishes its own request instructions. These are examples, not substitutes for the rules in your state.
Adaptable request wording
Replace the bracketed text and narrow the scope to fit your needs:
Under [state public-records law], I request electronic copies of records held by [state police agency] from [start date] through [end date] concerning its agreement or proposed agreement with U.S. Immigration and Customs Enforcement under Section 287(g). Please include the signed memorandum of agreement and appendices; amendments, renewals, suspension or termination records; communications with ICE and [named state offices] about the agreement; policies or training materials concerning its implementation; and existing records of related costs, reimbursements or stipends. If any part is withheld, please identify the specific legal basis and release reasonably segregable non-exempt portions. Please let me know before incurring fees above [amount]. Electronic production is preferred. This request seeks existing records and does not ask the agency to create a record or answer questions.
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Be specific rather than asking for “any and all records.” Illinois State Police advises requesters to check the types of records it maintains and cautions that overly broad wording can burden processing, delay a response or jeopardize the request. See its FOIA request guidance. If the request proves too large, narrow the date range, records categories or recipient list.
What response times and fees to expect
There is no single nationwide response deadline or fee rule for state police records. The agency’s state law and published procedure govern. As examples, Michigan State Police says it may extend its response time by ten business days with written notice. Illinois State Police describes a general five-business-day response period and a possible five-business-day extension. Those timelines are state-specific, not general rules. Check the relevant agency’s current instructions before submitting.
What to do about a delay, fee estimate or denial
- Delay: Ask in writing for the request’s status and the expected response date.
- Fee estimate: Review the agency’s fee rules and ask for notice before charges exceed a limit you set in the request.
- Redaction or denial: Ask the agency to identify the specific statutory exemption for each withholding and to release reasonably segregable non-exempt portions.
- Appeal: Follow the state’s published appeal or administrative-review process. Michigan State Police, for example, describes a written appeal to the department head for fee and disclosure decisions on its FOIA page.
How ICE-related records and exemptions may affect access
An agreement may contain language about coordination or information handling, but that wording does not by itself establish that a state-law exemption applies. The 2025 revised New Hampshire State Police MOA says: “Nothing herein limits LEA’s compliance with state public records laws regarding those records that are solely state records and not ICE records.” That clause is part of one agreement, not a universal rule for all states or MOAs. Read the New Hampshire State Police MOA in its own context.
State decisions also turn on the record and the law involved. In a June 26, 2025 opinion about a town police department’s 287(g)-related communications, Delaware’s Chief Deputy Attorney General concluded that an ICE objection and a “for official use only” email signature, without more, were not a sufficient statutory basis for withholding the records. The opinion also found the town had not made the factual showing required for its asserted safety exemption. That conclusion concerns the records and Delaware law in that case; it does not settle federal-control arguments or exemptions in other states. See Delaware Attorney General Opinion No. 25-IB33.
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New Hampshire example: distinguish allegations from findings
In a case summary dated August 25, 2026, the ACLU of New Hampshire said it had sued over an alleged failure by New Hampshire State Police to respond on time to its request about the agency’s 287(g) agreement. The organization described the agreement as beginning in late April 2025 and said its request sought to examine implementation, enforcement and possible compensation. These are the organization’s account and allegations, not a court finding; later developments should be checked against the court docket. See the ACLU of New Hampshire case summary.
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