A new law takes effect this Thursday, January 1, 2026, in Texas which will require most sheriffs [in counties over 100,000 people] to enter into an agreement with U.S. Immigration and Customs Enforcement (ICE). These agreements are intended to help ICE enforce federal immigration law locally. But as Texas Public Radio reports, some local immigration advocates worry that it will keep migrants from reporting crime out of fear of deportation because, as critics claim, it effectively turns sheriffs into de facto ICE agents.
Senate Bill 8, which the Texas state legislature approved June 1, 2025, requires sheriffs' offices that operate a county jail to participate in 287(g) agreements with ICE. Migrant advocacy groups like Vecino’s Unidos DFW and El Movimiento want North Texas sheriffs to reject the agreement. Azael – a community organizer with both groups who asked to only use his first name– says the law will increase fear and distrust in migrant communities. “I think it would drive victims and witnesses of crimes into the shadows. Everyone deserves to feel safe in their communities without being targeted.”
While Supporters of the bill say it increases public safety, and it did pass through the state legislative process, civil rights activists point to a 2022 research report conducted by the American Civil Liberties Union (ACLU), entitled, License to Abuse: How ICE’s 287(g) Program Empowers Racist Sheriffs and Civil Rights Violations. The ACLU's highly-publicized report at the time concluded that “racial profiling, poor jail conditions and other civil rights violations are widespread among the 142 state and local law enforcement agencies ICE describes as participants in the 287(g) program as of April 2022.” In the ensuing three and a half years, the 287(g) program has seen an explosion in growth, most sharply after the reelection victory of Donald Trump. As of this week, ICE lists more than 1,000 local and state law enforcement agencies across 40 states.
Yet, these immigration enforcement and training programs come with costs. That’s why the new Texas state law establishes a grant program for counties with fewer than 1,000,000 people, while also giving participating law enforcement officers the authority to question, arrest and detain people they suspect of being in the U.S. without proper legal status.
The legislation gives sheriff’s offices until December 1, 2026 to comply. They can choose from a variety of models for the 287(g) agreement-offers: Task Force Model, Warrant Service Officer Program, Jail Enforcement Model. The Texas Attorney General’s Office can sue sheriff’s offices that refuse to take part.
