Wheatland council approves ICE 287(g)-style MOA after extended debate over liability and safeguards

The Wheatland City Council voted to approve a memorandum of agreement allowing the town’s police department to participate in an ICE 287(g)-style task-force model after a lengthy presentation and questions from council members and residents.

Doug Carter, assistant director for Immigration and Customs Enforcement, told the council the program would let local officers, after completing training and receiving authorization from ICE supervisors, make arrests on certain immigration-related warrants that otherwise cannot be executed by local agencies alone. Carter said the training is 40 hours (online) with possible annual refreshers and that ICE would remain involved in authorizing arrests: "We still have to contact them ... if we authorize it, they would bring that subject over to Platte County Jail," he said.

Council members pressed Carter and town staff about financial and legal protections. Carter described incentive programs tied to enrollment — including a $100,000 vehicle upfit for an agency after the first arrest and an available stipend he characterized as $15,000 per officer per quarter for officers assigned to the task force — but said specifics may vary with funding availability. "There's a four and a half billion dollar budget for 287 programs until 2028," Carter said when asked about funding sources.

Several council members asked what would happen if an officer faced civil litigation after an ICE-related action. One councilmember asked whether the U.S. Department of Justice would defend officers and whether the Wyoming Attorney General’s Office would step in if DOJ declined. Carter and town staff said representation depends on whether the officer acted within the scope of lawful authority and training; the town attorney and Attorney General's Office were asked to weigh in before the council signs any long-term commitments.

Chief Brad (Wheatland Police Department) described how officers would use the agreement as a tool after legitimate contacts or traffic stops, not as a basis for proactive raids: "This is just another tool for us to go out in the performance of our normal duties," he said. Council members requested that the police chief be empowered to sign the law-enforcement appendices so the LEA can satisfy ICE paperwork without ambiguity later. The council amended the motion to explicitly empower the chief to sign and then approved the MOA by voice vote.

The council’s approval directs staff to proceed with the task-force arrangement under the described safeguards and training requirements; councilmembers said they expect follow-up clarifications from the Attorney General’s Office and the town attorney on legal-defense questions. The council recorded no roll-call tally in the minutes; the motion passed by voice vote.

The town’s passage of the MOA will be followed by ICE-supplied onboarding and periodic reviews, per Carter. He said his office would serve as a continuing point of contact and would assist with training and administrative setup.

What’s next: the chief was authorized to sign the LEA documentation in appendix C of the MOA; staff will return with any required contract documents and, if requested, written legal opinions about representation and liability.