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Request the state police agency’s existing records about the agreement, starting with the signed 287(g) memorandum of agreement (MOA), appendices, amendments and any suspension or termination records. Then specify which communications, policies, training materials and financial records you want, and give a date range. The correct request channel, deadlines, fees and exemptions depend on the state and agency; this is a general guide, not state-specific legal advice.
What agreement and records are you asking about?
Section 287(g) is an ICE program that allows participating state or local law-enforcement agencies to perform specified immigration functions under ICE direction and supervision. ICE identifies signing and submitting an MOA as the way an agency participates. The ICE 287(g) program page explains the program; the signed MOA and its appendices are the most direct records to request about a particular agency’s participation.
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Ask for records held by the state police agency. If you also want records held by ICE, that is a separate request to the federal agency; state police records procedures do not automatically obtain federal records. An agreement may include language about coordinating or sharing information, but the terms and their effect depend on the particular agreement and applicable law. For example, the 2025 New Hampshire State Police MOA says state public-records laws continue to apply to records that are solely state records and not ICE records. That clause is an example, not a rule for every agreement or state.
Choose specific categories and a date range
Request copies of existing records rather than asking the agency to answer questions, create a new analysis or explain its policy. A focused request can cover:
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- The current signed 287(g) MOA, its appendices and prior versions.
- Amendments, renewals, suspension notices, termination letters or records showing withdrawal from the agreement.
- 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 or legislature, about the agreement.
- Existing policies, directives, guidance or training materials for officers concerning the agreement’s operation.
- Existing records describing implementation or activity under the agreement, to the extent the agency maintains them.
- Budgets, cost estimates, reimbursement requests, stipends or other records of money exchanged in connection with the agreement.
These categories do not mean the agency holds every record or must create one. Limit the request to a useful period and identify relevant offices or participants where possible. Illinois State Police advises requesters to be specific and cautions that broad “any and all records” wording may create a disproportionate burden, delay a response or result in denial. Its guidance says: “Be specific – check out the types of records we maintain before you formulate your request.”
Send the request through the correct state channel
Find the records-request instructions on the website of the state police agency that may hold the records. Use the agency’s published portal, email, fax or mailing address, and follow any required form or submission procedure. For instance, Michigan State Police lists online, email, fax and postal options; Illinois State Police publishes an online request link, email address and mailing address. These are examples only: the article does not identify which state agency you need.
Use the state’s public-records law in your request if you know its name. If not, you can ask the agency to process it under the applicable records law. Tailor the bracketed details in this example before sending:
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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Useful search terms include “287(g),” “ICE,” “Immigration and Customs Enforcement,” “memorandum of agreement” and “MOA.” If the request is too broad, reduce the date range, narrow the record categories or name fewer offices and participants. Delaware’s 2026 opinion records the state police position that its public-records law did not require the agency to answer questions or create records; the rule for your request must be checked under your state’s law.
What response times and fees should you expect?
Deadlines, extensions and fee rules vary by state, so do not rely on another state’s timetable. 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 examples do not establish the deadline for another agency; check the applicable statute and the agency’s current instructions.
An agency may provide records, estimate fees, ask for clarification, extend its response time, or withhold or redact some material. If you receive a fee estimate, compare it with any limit you included in the request and decide whether to narrow or proceed. Ask for a status update and expected response date in writing if the agency does not respond when expected.
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If records are withheld or redacted, ask the agency to identify the specific statutory exemption for each withholding and to release reasonably segregable, non-exempt portions. Then use the state’s appeal or administrative-review process and follow its deadlines. Michigan State Police describes a written appeal to the department head for fee and disclosure decisions; other states may use a different process.
ICE coordination language or a “for official use only” signature does not, by itself, establish that state-held records are exempt. In a 2025 Delaware opinion about town police communications concerning a 287(g) program, Chief Deputy Attorney General Daniel Logan concluded that those points alone were not a sufficient statutory rationale to withhold the records. The opinion also found that the town had not supported its asserted safety exemption with the factual showing required by Delaware law. That conclusion concerns the records and law in that case; it does not decide how another state’s exemptions or a federal-control claim applies.
Keep a request for agreement administration distinct from a request for an individual’s immigration history or police investigative file. A Delaware Attorney General opinion dated August 24, 2026, upheld denial of records about an individual’s immigration history because they were part of a criminal law-enforcement investigation file. The result is specific to that record and Delaware law, but it illustrates why requesting general agreement records is different from requesting personally identifiable case material.
New Hampshire litigation example
An ACLU of New Hampshire case summary dated August 25, 2026, says the organization had sued over an alleged failure by New Hampshire State Police to respond on time to a request concerning the agency’s 287(g) agreement. The summary says the agreement began in late April 2025 and describes questions about implementation, enforcement and possible compensation. These are the organization’s descriptions and allegations, not a court finding. The status of the case may have changed; consult the current court docket for later developments.
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