Texas sheriff’s offices rush to join ICE program under new law

In an important development, Texas law enforcement has swiftly expanded its collaboration with the U.S. Following the implementation of a new state mandate on January 1, it has broadened its collaboration with the U.S. Immigration and Customs Enforcement.

A new law enacted during the most recent legislative session requires sheriff’s offices in counties with jails to establish 287(g) agreements with Immigration and Customs Enforcement (ICE). Local officers are now authorized to assist in federal immigration enforcement through these agreements.

As of January 16, Texas reported 265 active 287(g) agreements, according to ICE data, ranking second in the nation, just behind Florida, which has 340 agreements. ICE has announced 1,316 agreements across 39 states and Guam.

Following lawmakers' approval of the mandate last May, Texas has signed 174 agreements. Four individuals were signed following the official implementation of the law at the beginning of this year. County sheriff's offices are involved in a total of 226 cases. Four agreements have been established with state-level entities, including the Texas Attorney General’s Office, the Texas National Guard, and the highway patrol and criminal investigation divisions of the Texas Department of Public Safety.

The 287(g) program provides agencies with the opportunity to engage in four distinct models: jail enforcement, warrant service officer, task force, and tribal task force. The model for warrant service officers categorizes approximately 130 agreements in Texas, representing nearly half. The program has established 92 task force agreements and 43 jail enforcement agreements. Several agencies have entered into multiple agreements or have renewed existing contracts.

In Central Texas, the number of agreements has surged to 15 across 10 agencies in counties surrounding Austin, a significant increase from just two prior to the passage of the legislation.

Georgetown Republican Senator Charles Schwertner asserted that the program aims to enhance public safety.

“Mass illegal immigration poses a significant threat to public safety and undermines the rule of law. The 287(g) program is an essential measure,” Schwertner stated. Over 150 counties in Texas have officially achieved compliance.

The Immigration and Customs Enforcement agency did not provide a response to a request for comment.

The task force model, which was reinstated by President Donald Trump following its discontinuation in 2012, empowers deputized local officers to interrogate individuals during traffic stops, conduct immigration-related arrests, and utilize federal databases. ICE issued a memo in March mandating that nominees meet citizenship and experience criteria and complete a 40-hour online training course.

Concerns have been raised regarding the adequacy of the training, with critics warning that it may undermine the trust between immigrant communities and local law enforcement agencies.

“I don’t believe that anyone involved in the hiring process for any type of job would consider a candidate to be adequately prepared after just 40 hours of online training,” stated Annie Bright, a visiting professor at St. Mary’s University School of Law.

Charis Kubrin, a criminology professor at the University of California, Irvine, stated that research fails to establish a link between immigration and higher crime rates, calling the underlying policy rationale “a faulty assumption.”

Proponents argue that the agreements align with voter priorities and enhance collaboration between local and federal authorities.

‍