Texas Considers Bill That Would Make Some Sheriffs Work With ICE

Texas lawmakers are pushing forward a bill that would force larger counties to partner with federal immigration authorities, but the mandate comes with funding concerns for local sheriffs.

Quick Takes

Senate Bill 8 would require sheriffs in Texas counties with more than 100,000 residents to enter formal agreements with ICE.
The bill is supported by top Texas officials including Lt. Gov. Dan Patrick and Gov. Greg Abbott.
Only counties with populations under 1 million would be eligible for state funding to implement the program.
Currently, just 10 of the 40 counties that would be required to participate are already partnered with ICE.
Law enforcement representatives support the concept but express concerns about unfunded mandates.

Mandatory ICE Partnerships Proposed for Larger Texas Counties

A bill being considered by the Texas Legislature would require sheriffs in counties with populations exceeding 100,000 to formally partner with federal Immigration and Customs Enforcement (ICE) through what are known as 287(g) agreements. Senate Bill 8, a priority for Lieutenant Governor Dan Patrick with backing from Governor Greg Abbott, aims to strengthen immigration enforcement across the state by mandating local-federal cooperation. The proposal would affect 40 Texas counties, though currently only 10 of those counties have such agreements in place. The program allows local law enforcement to assist federal authorities in identifying and processing undocumented immigrants who have been arrested.

The bill offers three different models for implementation: Jail Enforcement, which allows sheriff’s deputies to question jailed individuals about immigration status; Warrant Service Officer, which permits officers to serve ICE administrative warrants; and Task Force Model, which grants broader powers to officers to act on ICE’s behalf. Most existing agreements in Texas focus on jail programs rather than active enforcement in communities. As of early March, 43 Texas law enforcement agencies already had voluntary 287(g) agreements with ICE, with six more in the process of joining.

As Trump vows mass deportations, Texas lawmakers want to require sheriffs to work with ICEhttps://t.co/ehSCxB8D2C via @TexasTribune

— MySA (@mySA) March 18, 2025

Funding Concerns Divide Counties

A key sticking point in the debate over SB 8 involves who will bear the costs of implementation. The legislation proposes a grant program to help counties with populations under 1 million offset expenses, which can run approximately $10,000 per officer for training and other requirements. However, Texas’s largest counties—those with over 1 million residents—would receive no financial assistance and would need to fund the program entirely from their local budgets. This arrangement has raised concerns among law enforcement officials who support the concept but worry about unfunded mandates.

Brian Hawthorne, Sheriff of Chambers County and representative of the Sheriffs’ Association of Texas, testified in support of the bill but emphasized financial concerns. “From (the Sheriff’s Association of Texas) we’re really worried about unfunded mandates. We think that financial relief portion shouldn’t be in a grant program, it should just be a part of the program. And it should cover all 254 counties that get into the program,” said Hawthorne. The association’s position reflects broader concerns about straining local resources for what some view as primarily federal responsibilities.

Supporters and Critics Divided on Scope

While the bill has support from immigration enforcement advocates, opinions differ on how extensive the program should be. Chris Russo of Texans for Strong Borders suggested expanding the mandate beyond the proposed 40 counties to include all Texas law enforcement agencies. “Although we support this bill, the mandate for participation we think should be broadened,” Russo stated during testimony. Meanwhile, opponents including the ACLU and Texas Civil Rights Project argue the program should not be implemented at all, arguing it could lead to racial profiling and misallocation of local resources.

The bill comes as ICE reports a significant drop in encounters at the southern border in early 2025, though Texas officials continue to prioritize immigration enforcement measures. Texas law already requires local law enforcement to cooperate with federal immigration authorities in certain circumstances, but the proposed legislation would create more formalized and extensive partnerships. The debate highlights ongoing tensions between state and federal jurisdiction in immigration policy, with Texas pushing for a more active state role in what has traditionally been a federal responsibility.