Texas Considers Legislation That Would Mandate Some Sheriffs Work With ICE

Texas is considering a bill requiring larger counties to partner with federal immigration officials, drawing support from law enforcement but also concerns about funding.

Key Takeaways

Senate Bill 8 would require sheriffs in Texas counties with over 100,000 residents to partner with ICE through formal 287(g) agreements.
The bill is a priority for Lt. Gov. Dan Patrick and Governor Greg Abbott as part of Texas’ stronger stance on immigration enforcement.
While funding would be provided for counties with fewer than 1 million residents, larger counties would need to cover costs themselves.
Currently, only 10 of the 40 counties that would be required to participate are actively involved in the program.
Law enforcement representatives support the concept but have raised concerns about unfunded mandates and training requirements.

Texas Pushes Mandatory ICE Cooperation

Texas lawmakers are considering legislation that would mandate sheriffs in counties with populations exceeding 100,000 to form partnerships with federal immigration authorities. Senate Bill 8, championed by Lieutenant Governor Dan Patrick and supported by Governor Greg Abbott, would require these counties to enter into formal agreements with U.S. Immigration and Customs Enforcement (ICE) through the 287(g) program. The bill represents Texas’ latest effort to increase its role in immigration enforcement, an area traditionally under federal jurisdiction. Currently, only 10 of the 40 counties that would be affected by this mandate actively participate in the program, although 36 are technically already part of the program.

The 287(g) program offers three different models for cooperation: Jail Enforcement, Warrant Service Officer, and Task Force Model. Most Texas agencies currently participating use the jail model, which allows trained officers to identify and process deportable immigrants who have been arrested for other crimes. The Task Force Model, which is more expansive, grants local officers limited authority to act on behalf of ICE in certain situations, including interrogating suspects about their right to remain in the United States.

Funding Concerns and Law Enforcement Response

The financial implications of Senate Bill 8 have emerged as a major point of contention. While the legislation proposes a grant program to help counties with fewer than one million residents implement the required partnerships, larger counties would need to fund the program themselves. With an estimated cost of $10,000 per officer for training, smaller sheriff’s departments have expressed concern about resources being diverted from other critical areas. The bill’s requirement for officers to complete ICE training has also raised questions about staffing and operational challenges.

“This could potentially be another budget issue. We think it would be wonderful for the state Legislature to fund the program,” Chambers County Sheriff Brian Hawthorne testified to the Senate State Affairs committee.

Chambers County Sheriff Brian Hawthorne, representing the Sheriffs’ Association of Texas, testified in support of the bill’s overall intent but emphasized concerns about its financial impact. Sheriff Hawthorne suggested that rather than implementing the funding as a grant program, financial support should be built into the program itself and should cover all 254 Texas counties that choose to participate. Despite these reservations, the sheriffs’ association has not opposed the bill outright, recognizing its alignment with Texas’ broader immigration enforcement goals.

Expanding Federal-Local Immigration Enforcement

As of early March, 43 Texas law enforcement agencies had established 287(g) agreements with ICE, with most implementing the jail enforcement model. Some immigration hardliners have argued that the bill doesn’t go far enough. Chris Russo of Texans for Strong Borders testified that the mandate should be broadened beyond counties with populations over 100,000 to include all Texas law enforcement agencies.

Critics of the bill, including representatives from the ACLU and Texas Civil Rights Project, have raised concerns about potential racial profiling and the diversion of resources from other public safety priorities. Luis Figueroa of Every Texan suggested limiting the bill to jail enforcement programs only, which would address some jurisdictional concerns while still allowing for immigration enforcement within county detention facilities. The legislation comes as ICE data shows a significant drop in encounters at the southern border in early 2025, though Texas leaders continue to prioritize immigration enforcement measures.