Since September, the Arkansas State Police has detained 48 individuals under its cooperation framework with federal immigration authorities, according to agency leadership. Officials say those detentions occurred only after individuals were encountered for other violations of law, most commonly criminal offenses, not through independent immigration enforcement actions.
Colonel Mike Hagar, Secretary of the Department of Public Safety and Director of State Police, said the agency’s role is limited and long established through interagency agreements with federal partners.
“We’re not making immigration stops,” Hagar said. “We’re not an immigration enforcement agency, so we are in an assisting role only on that.”
State Police participation is authorized under the federal 287(g) task force model, which allows trained state officers to assist Immigration and Customs Enforcement after a lawful detention for another offense. Hagar said nearly all enforcement personnel have completed the required training.
“As of today, we have all but 12 members of enforcement that have completed that training,” he said, noting the remaining officers are out due to medical leave or military deployment.
Most Detentions Tied to Criminal Violations
Hagar said the majority of immigration-related detentions in Arkansas involve individuals arrested for criminal conduct, not status violations alone.
“About 90% of the people that are detained right now are detained as a result of DWI violations and domestic violence,” he said. That figure, he said, came through a conversation with the US Attorney for the Eastern District.
He added that federal immigration resources in Arkansas are limited and largely focused on processing individuals already in custody.
“Their officers are spending the majority of their time literally just going from county to county to pick up those people that have been detained,” Hagar said.
According to State Police leadership, the agency began formally tracking immigration-related detentions once most troopers completed 287(g) training. Since then, the 48 detentions have resulted from encounters including traffic violations, narcotics arrests, pursuits, and domestic violence calls.
How Status Is Identified
State Police officials said troopers do not have the ability to independently determine immigration status during routine stops. Instead, officers follow standard identification procedures.
“We’re looking to see if they have a driver’s license, first and foremost,” Hagar said. “Then if they have any active warrants or any kind of court action against them.”
If an adult cannot be identified through state or national databases, that information may be shared with federal authorities for further vetting.
“They can use fingerprint scanners, facial ID, things like that,” Hagar said. “We do not have that ability.”
Officials emphasized that appearance is not used as a basis for stops or detentions.
Discretion in Enforcement
Hagar said troopers are instructed to use discretion when applying their authority under 287(g), particularly in cases involving long-term residents with no criminal history.
He described the difference using a traffic analogy.
“56 in a 55 is a violation. So is 86 in a 55,” Hagar said. “But there’s a whole lot of difference in between those two.”
By contrast, he cited recent cases involving individuals tied to criminal activity.
“This past Sunday we had one that is a member of TDA that was engaged in activity back and forth between Chicago,” Hagar said. “Our trooper set up and was able to take him into custody.”
No Independent ICE Operations
Hagar said the Arkansas State Police is not conducting independent immigration operations and retains final authority over whether to participate in any federal action.
“We are not engaged in any type of operation like that,” he said. “At the end of the day, they work for us, and we will make a final determination on what we engage in.”
Any participation in federal operations, he said, must be approved through the agency’s chain of command.
Example From the Field
Lieutenant Colonel Mike Kennedy, Director of Administrative Operations, provided an example of how an immigration-related detention can occur during routine enforcement.
“I stopped a vehicle at Geyer Springs Road for not having any vehicle license on it,” Kennedy said. “The driver had had two DWI’s in two years and not done a thing to take care of either one of those DWI.”
Kennedy said ICE was contacted at the scene.
“I called ICE and they beat the wrecker there and they got him out of our country before he winds up killing somebody on one of our streets,” he said.
Training and Costs
State Police officials said the 287(g) training was completed during regular duty hours and did not require additional state funding. While federal reimbursement for future expenses has been discussed, no funds have yet been received.
For now, Hagar said, the agency’s role remains focused on assisting federal authorities when individuals already in custody are suspected of being in the country illegally.
“This is not our primary task,” he said. “It’s an assisting role.”
