Lawmakers have filed at least nine similar bills that would require local law enforcement agencies enter into agreements with U.S. Immigration and Customs Enforcement.
Under a 1996 federal immigration law, ICE can delegate local authorities to carry out certain types of immigration enforcement in local jails — where officers can be deputized to question inmates about their immigration status and to serve administrative warrants — and in the field, where officers can be permitted to question people about their immigration status through a model the Trump administration has revived after it fell into disuse following allegations it led to racial profiling.
Such programs serve as “force multipliers” for ICE, an agency of about 6,000 officers with limited resources, according to the federal agency, immigration lawyers and policing experts.
Abbott and Lt. Gov. Dan Patrick have called for Texas authorities to be required to cooperate with federal immigration authorities.
While specifics vary, most of the proposed state laws share the same idea: Require local law enforcement to request entering into partnership agreements with ICE known as 287(g) agreements — a reference to the legal statute from which they originate.
Senate Bill 8, filed by Republican state Sen. Joan Huffman of Houston and Georgetown Republican Sen. Charles Schwertner, would require sheriffs in counties with more than 100,000 residents to request a 287(g) agreement with ICE.
Among the criticisms of 287(g) agreements is the potential extra costs for counties that devote resources to processing and jailing immigrants and face potential legal liabilities if an officer is accused of wrongdoing, such as violating a person’s civil rights. The bill would establish grants for sheriffs in counties with fewer than 1 million residents, but not for sheriffs of large Texas counties.
Patrick designated the bill a top priority of his for the legislative session even before it was filed.
As of early March, 43 Texas law enforcement agencies already had 287(g) agreements in place, the majority of which are for the jail programs. Only the attorney general’s office, Nixon Police Department and sheriffs in Goliad and Smith counties had signed 287(g) agreements for the “task force model” that grants police limited immigration enforcement authority while conducting their routine duties.