Texas Legislature Moves Forward with ICE Cooperation Bill

The Texas Legislature is advancing a measure that would require sheriffs in the state’s largest county to form a cooperation agreement with U.S. Immigration and Customs Enforcement (ICE). Earlier in April, the Texas Senate approved SB8, and this past Saturday, the House conducted a third reading of the bill, ultimately passing it.

House members supported the bill with a vote of 89-50. Interestingly, only one member voted “now,” while ten others missed the roll call. A notable outcome was that four Democrats joined forces with 85 Republicans to push the bill forward. Before the final vote, the House accepted four amendments, leading to some required adjustments within the Congress Committee.

This bill mandates that sheriffs in 43 Texas counties establish agreements with ICE under the Federal 287(g) program. Moreover, it encourages additional subcounties to participate by providing financial support to any county with a population under one million.

Senator Charles Schwartner (R-Georgetown) drafted the Senate version of the bill, which achieved bipartisan backing with a 26-5 vote. Although five Republicans opposed the measure, all 11 Democrats supported it before it proceeded to the House.

Besides stipulating participation in the federal immigration initiative, the legislation grants the Texas Attorney General authority to pursue legal action against any sheriff who refuses to comply. The bill also aims to include nearly all of Texas’ most populous counties to help offset costs associated with training and implementing a federal immigration enforcement program.

According to information from the Federal Immigration Bureau, as of May 23, 85 Texas counties have reached some agreement with ICE. However, many of the largest counties in the state are not among those listed, indicating that further agreements still need to be negotiated.

In a recent statement shared by the Texas Tribune, Eduardo Lual, assistant to Governor Greg Abbott, emphasized the governor’s position: “Texas cities and counties must fully cooperate with the federal government’s efforts to apprehend and deport illegal immigrants from jails and prisons.”

The Texas Tribune noted that ICE permits local governments to conduct certain immigration enforcement activities within local detention facilities, allowing officers to inquire about detainees’ immigration status and execute administrative warrants.

On the ground, ICE’s partnership with local officials allows for inquiries regarding individuals’ immigration status, a model that had been previously put on hold due to concerns about racial profiling.

SB8 necessitates that the sheriff engage in an agreement allowing local officers to administer warrants known as the “warrant service” model. Nonetheless, Texas sheriffs can also fulfill the bill’s criteria by participating in alternative programs.

This legislation, which has been signed into law by Gov. Abbott, aligns with the broader efforts of the Trump administration to eliminate undocumented individuals with criminal records from the U.S.