FOCUS ON SECTION 287(g) and SB8 WHAT IS A SECTION 287(g) AGREEMENT?

In 1996, Section 287(g) was added to the Immigration and Nationality Act. This section authorizes ICE to give state and local law enforcement officers the authority to carry out certain immigration enforcement duties. While 287(g) agreements are voluntary, several states – including Texas – have passed laws mandating participation.

SB8 mandates the sheriff of each Texas county that operates a jail, or contracts with a private vendor to operate a jail, to enter into a 287(g) agreement with ICE. But other law enforcement agencies, such as city police departments or constables, can voluntarily enter into the ICE agreement.  

SB8 took effect Jan. 1, 2026, and requires compliance no later than Dec. 1, 2026. As of Feb. 20, 2026, ICE had 1,425 active 287(g) agreements nationwide. Texas had 299 active 287(g) agreements across 241 law enforcement agencies spanning 186 Texas counties.This means Texas accounted for roughly 20 percent of all agreements nationwide.

HOW THE AGREEMENTS WORK

Local law-enforcement agencies must select from three models.

• Jail Enforcement Model (JEM)

Corrections officers in local jails – under the supervision of ICE – are deputized by the federal government to interrogate people about their immigration status if they are already in their custody and have criminal or pending criminal charges. From there, the detained can be funneled into immigration proceedings. Local authority does not extend beyond the facility where they were being detained. This model requires officers to complete a four-week program at the ICE Academy in Charleston, SC. The Bexar County Sheriff has selected this model of enforcement.  

• Warrant Service Officer (WSO)

Local officers can serve – but not initiate – ICE warrants and can detain and transport people into ICE custody. Like the Jail Enforcement Model, it is limited to jail settings. This model typically requires short, specialized training focused on warrant service and transfer to ICE.

• Task Force Model (TFM)

This model extends beyond custodial settings. ICE describes this type of agreement as “a force multiplier.” It allows state and local law enforcement agencies to make immigration arrests during routine police enforcement and to serve on ICE task forces. This is the broadest and most expansive of the models and training is a 40-hour online course. In Bexar County, Precinct 3 Constable, and the Police Departments for St Hedwig, Hollywood Park, China Grove and Balcones Heights have selected this model of enforcement.

This model essentially turns local law enforcement officers into ICE agents. They are considered federal agents for purposes of liability and immunity.

WHY IT MATTERS

• Public Safety and Trust: These agreements make local police into immigration agents, making Texans live in fear of interacting with government agencies, whether public hospitals, local schools or police departments.
• Racial Profiling & Civil Rights: Reports have linked 287(g) to increased racial profiling of Black and Latino residents and have resulted in costly lawsuits. (See Maricopa County, Ariz., Sheriff Joe Arpaio)
• Resource Allocation: Local law enforcement becomes agents for ICE, using local tax dollars for federal duties.
• Low-Level Offenses: The program can lead to deportations for minor, nonviolent offenses and separating families.

The policy debate now shifts from whether Texas should participate to how that participation is conducted. The least harmful model is the Jail Enforcement Model. Contact your local Sheriff’s Office, city council member, and county commissioner and tell them to support the Jail Enforcement Model.

Contact the Bexar County Precinct 3 Constable, and the Police Chiefs of St Hedwig, Balcones Heights, China Grove, and Hollywood Park, and ask them  “How much of the city’s budget is now taken up with ICE immigration law enforcement?” and “How many of their residents have been stopped and asked for their papers?”

Sources:

• Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act, US Customs and Immigration website.
• The 287(g) Program: A Force Multiplier for Immigration Enforcement, Center for Immigration Studies, June 12, 2025.
• Annotated 287(g) Task Force Model Agreement, Immigrant Legal Resource Center, April 23, 2025
• Senate Bill 8 and 287(g) Agreements: Where Texas Stands Today, Texas Policy Research, Feb. 26, 2026.
• DOJ Report Slams Sherriff Joe Arpaio and DHS Restricts 287(g) and Secure Communities Programs, American Immigration Council, Dec. 15, 2011.
• What are 287(g) Agreements and How Do They Fuel Trump’s Mass Deportations?, ACLU-North Dakota, May 22, 2025.