As a native Texan, I like to keep up with what’s going on in my home state.
In 1996, Congress passed the Immigration and Nationality Act, which includes section 287(g). According to ICE’s website, “the 287(g) Program enhances the safety and security of our nation’s communities by allowing ICE Enforcement and Removal Operations (ERO) to partner with state and local law enforcement agencies to identify and remove criminal aliens who are amenable to removal from the U.S.” The 287(g) program does have benefits admittedly. It standardizes apprehension techniques and enforcement of immigration laws. However, it also permits racial profiling and increases abuse of power by law enforcement (see the case against former Maricopa County Sheriff Joe Arpaio in Arizona).
A majority of states have adopted some sort of system of collaboration between local law enforcement and ICE officials. Texas’ Senate Bill 8 takes this collaboration one step further. The bill requires sheriffs in counties with more than 100,000 residents to request a 287(g) agreement. Typically, law enforcement officials choose to partner with ICE officials. This Texas state law would remove the choice from a large number of state officers. The bill also creates a $20 million fund to give grants to sheriff’s offices in counties with fewer than 1 million residents that enter into agreements with ICE.
U.S. v. Printz introduces the anti-conscription doctrine, whereby the federal government cannot force state officials into service for the federal government. On its own, 287(g) leaves the choice of working alongside a federal agency up to individual law enforcement officers. A state forcing its officers into federal service is a (somewhat) different issue. In Texas, county sheriffs serve 4-year terms and are elected by their fellow citizens. States are separate sovereignties and are largely left alone when it comes to regulating the behavior of their state officials. While I can respect a state’s right to manage its officials, I do think this could be a slippery slope. As legislation and ICE requirements change, state officials will be forced to comply.
More on the 287(g) program: https://www.ice.gov/identify-and-arrest/287g
Story from the Texas Tribune: https://www.texastribune.org/2025/04/01/texas-senate-bill-8-vote-287g-agreements-sheriffs-ice/?_bhlid=1ad97b905a7d0299b6f1acdacfeece72cbe59da6
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