What It Means When Texas Counties Partner With ICE

For years, local law enforcement agencies have partnered with ICE (U.S. Immigration and Customs Enforcement). But this partnership, formally known as the 287(g) program, has ramped to bigger heights under this second Trump administration, creating new divisions in states like Texas.

The 287(g) program goes back to 1996. It was created as Section 287(g) of the Illegal Immigration Reform and Immigrant Responsibility Act, allowing local law enforcement to act as a low-cost “force multiplier” for ICE. It was added to the immigration law that year and basically let local jails and sheriffs work with ICE. A county signed an agreement, sent some deputies to a short ICE training course, and after that they could check the immigration status of people who were already in custody.

From 2006 to 2011, the program grew relatively quickly, peaking at 72 agreements, but the street Task Force Model caused major racial-profiling scandals. In 2012, the Obama administration stopped all Task Force agreements and left only the Jail Enforcement Model (JEM), screening only people already in jail. By January 2021 the country had about 150 agreements, almost all JEM.

The second Trump administration however has revived everything, starting in January 2025. An Executive Order restored the Task Force Model and poured new federal money into the program, but JEM again became the main instrument. This model centers on screening individuals already in local custody.  

Before 2025, use of JEM in Texas varied significantly by county: only some of the state’s 254 counties took part, and many sheriffs deliberately refused to sign to keep community trust.

But by mid-November 2025, ICE reported 1,167 active 287(g) agreements spread over 40 states. Texas already led the nation with the highest number of the JEM agreements, mostly centered on county jails.

Most recently, the commissioners court in Smith County voted 4-1 to allow a constable partnership with ICE. Precinct 4 constable Josh Joplin stressed this would allow the precinct to detail individual involved in criminal activity, and that racial profiling would not be tolerated.

Overall, the number of agreements increased by more than 600 percent since the start of the year. Since the start of the second Trump administration, ICE and agencies have issued over 10,000 immigration detainers. That’s more than a 30 percent increase compared to the same time frame in 2024. In their memo detailing the new 287(g) partnerships, the Department of Homeland Security said this was the ensure they were removing “the worst of the worst” criminals.

With the federal funding for 287(g) turbocharged, they are now even more opportunities for reimbursement, including full training, officer overtime, and performance bonuses.

Federal funding for 287(g) and related programs increased in 2025 and now fully covers training, officer overtime, and performance bonuses. The big push in Texas came from Senate Bill 8, which passed in May 2025. It requires sheriffs in counties with more than 100,000 people to participate JEM or Task Force model starting January 1, 2026, or face fines. Most sheriffs signed up early to avoid problems.

Under today’s JEM, all individuals placed into a participating Texas county jail get an immigration check within hours. If ICE wants them, a detainer is issued, and they stay in county jail (often for weeks because of immigration court backlogs) until federal agents pick them up.

The effect on the Texas economy appears in the October report from the Dallas Fed. Job growth slowed to just 1.2 percent since the beginning of the year. That could lead to lower GDP for the state.

In Texas the 287(g) program with its focus on JEM puts more pressure on the jail stage of enforcement, while raising concerns about reduced community cooperation with law enforcement on non-immigration crimes.

However, not all Texas counties have joined this trend. The largest ones, such as Dallas, Travis and Harris, still refuse to sign 287(g) agreements. They point to high costs, risks of racial profiling and loss of trust from immigrant communities toward local police. 

Earlier this month the Dallas City Council unanimously voted against the ICE partnership proposal. These counties believe that even with pressure from SB 8 and federal funding, sheriffs still have room to choose the community over full cooperation with immigration authorities. But, starting January 1, 2026, not signing the agreement could mean lawsuits from the state attorney general and possible loss of some state grants.