Texas Senate Passes Bill Requiring Sheriff Agreements with ICE
In a notable legislative move, the Texas Senate approved a contentious proposal on Tuesday obligating certain county sheriffs to collaborate with federal authorities in identifying undocumented immigrants involved in criminal activities.
Details of Senate Bill 8
Senate Bill 8, introduced by Republican state senators Joan Huffman and Charles Schwertner, sets forth requirements for sheriffs in counties with populations exceeding 100,000 residents. These sheriffs are mandated to seek 287(g) agreements with U.S. Immigration and Customs Enforcement (ICE).
The bill also establishes a $20 million fund aimed at providing grants to sheriff’s offices in counties with fewer than 1 million residents. These grants intend to offset anticipated costs associated with implementing the 287(g) agreements, particularly expenses related to detaining individuals for potential immigration violations.
Legislative Journey
The Senate’s approval of SB 8 came via a vote of 20 in favor to 11 against, with the legislation now poised to move to the Texas House of Representatives for further consideration.
Under the provisions of this bill, the Texas Attorney General’s Office gains the authority to sue any sheriff deemed non-compliant with the law. Amendments to the bill permit these lawsuits to be filed within the sheriff’s home county, deviating from the typical practice of filing them in Travis County, which has a more liberal political landscape.
Understanding the 287(g) Program
The 287(g) program allows ICE to train specific law enforcement personnel and authorize them to enforce immigration laws. It encompasses two primary models employed by law enforcement agencies:
- Jail Enforcement Model: Enables ICE-trained local officers to assess the immigration status of inmates and detain individuals suspected of being in the country without authorization.
- Warrant Service Officer Model: Permits ICE-trained police officers to execute administrative immigration warrants.
Upon ICE taking custody of a suspected undocumented immigrant, local prosecutors generally must dismiss any pending charges against the individual to facilitate the initiation of deportation proceedings, or ICE may wait until the local criminal proceedings conclude.
Political Context and Opposition
Lieutenant Governor Dan Patrick has prioritized SB 8 since the outset of the legislative session. As of early March, 43 law enforcement agencies across Texas had already established 287(g) agreements, predominantly regarding the jail enforcement model; only a few agencies had engaged in the task force model.
Opposition from some Senate Democrats emphasized financial concerns, particularly regarding the exclusion of larger counties from accessing state grants. They drew attention to potential racial profiling issues, referencing past controversies involving the 287(g) program, notably the actions of former Maricopa County Sheriff Joe Arpaio, who was convicted for contempt of court related to his enforcement methods.
“The 287(g) program is about identifying criminality, not nationality,” stated Schwertner, defending the initiative.
Next Steps
With the passage of SB 8 through the Senate, the legislation now awaits consideration by the Texas House of Representatives, where the debates surrounding its implications are expected to continue.
