Texas sheriffs would have to collaborate with ICE under bill poised for governor’s desk

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The Texas House on Saturday gave initial approval to a bill that will require sheriffs in the state to collaborate with U.S. Immigration and Customs Enforcement through a program that grants local officers the authority to serve federal immigration warrants at their jail.

The lower chamber voted 89-50 to preliminarily approve Senate Bill 8 after state Rep. David Spiller, a Jacksboro Republican who sponsored the legislation, amended the bill so it applies to all counties. The previous version only required sheriffs of the state’s largest counties to enter the agreements with ICE.

“This bill is not immigration reform,” Spiller said Saturday. “This bill is the strongest border security bill — indirectly — that we could have this session.”

SB 8 needs one more House vote before it can go back to the Senate. The upper chamber must agree to the changes, or both chambers must iron out their differences, before the bill can be sent to Gov. Greg Abbott.

“Gov. Abbott has made it clear that cities and counties across Texas must fully cooperate with the federal government efforts to arrest, jail, and deport illegal immigrants,” Abbott’s Deputy Press Secretary Eduardo Leal said in a statement. “The Governor will review this legislation, as he does with any legislation sent to his desk that helps achieve that goal.”

Under the proposal, sheriffs will have to request partnerships with ICE known as 287(g) agreements, named after the federal law that created the program. ICE can authorize local authorities to carry out certain types of immigration enforcement in local jails, where officers can be deputized to question inmates about their immigration status and to serve administrative warrants.

In the field, ICE can authorize local officers to question people about their immigration status through a model the Trump administration has revived after it fell into disuse following allegations that it led to racial profiling.

SB 8 would require that sheriffs enter agreements for the program that authorizes local officers to serve administrative warrants, known as the “warrant service” model. But Texas sheriffs could also satisfy the bill’s requirement by participating in the other programs, too.

SB 8, which was filed by state Sen. Charles Schwertner, R-Georgetown, would also authorize the Texas attorney general to sue sheriffs who don’t oblige. Additionally, it would offer grants to sheriffs to help offset the costs of participating in the program that are not reimbursed by the federal government

The bill is poised to be the most significant piece of immigration-related legislation passed by lawmakers this session.

Immigrants’ rights advocates have expressed worries that such a requirement will lead to racial profiling of Black and brown people and spread fear among undocumented Texans, who may hesitate to report crime or seek help from authorities who are working more closely with ICE.

SB 8 could boost the Trump administration’s mass deportation efforts, which have been hampered by limited resources and personnel.

Seventy-two Texas law enforcement agencies — most of them sheriffs — had signed 287(g) agreements with ICE as of Friday, according to statistics published by the federal agency. Another four sheriff’s offices in Texas had pending agreements.

Roughly 20% of the agreements in place as of Friday between Texas agencies and ICE were for the “task force model” that extends immigration authorities to officers performing routine police duties.

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