Sheriffs in large counties will be required to enter into agreements with U.S. Immigration and Customs Enforcement (ICE) to enforce certain immigration laws under Senate Bill 8, a proposal considered by the Senate State Affairs Committee. The bill applies to counties with populations greater than 100,000 and also creates a grant program to help offset training costs for smaller counties that wish to participate.
This bill builds upon the state’s 2017 Senate Bill 4, which mandated local law enforcement cooperation with federal immigration authorities. Senator Charles Schwertner (R), who authored the bill, stressed the need for stronger state and local involvement in immigration enforcement.
“We need to, as a state, be much more forceful in helping in areas of illegal immigration and immigration law enforcement,” Schwertner said. “This bill is just one step forward – which I hope we have many more – regarding how we can assist our federal partners in pushing back against illegal aliens and criminal acts committed by these illegal aliens.”
The agreements are carried out under section 287(g) of the Immigration and Nationality Act. These agreements allow ICE-trained sheriff’s deputies to check the immigration status of arrestees and place a “detainer” on individuals found to be in the country illegally. The detainer allows jails to hold individuals for up to 48 hours past their release date, giving federal authorities more time to take custody.
Currently, 35 counties participate in the 287(g) program, with eight counties falling under the provisions of SB 8. One of these is Tarrant County, which has the largest 287(g) program in the nation. Sheriff Bill Waybourn of Tarrant County spoke in favor of the bill, stating that his jail currently holds over 300 individuals illegally in the country, including those charged with serious crimes.
“The jail model does make our communities safer,” Waybourn said. “It does get another set of eyes on things to make sure people don’t slip through the cracks and that it is targeting criminals.”
The 287(g) program includes three tracks: the jail model, the Warrant Service Officer program, and the Task Force model. Most testimony focused on the jail model, with only two counties and the state Attorney General’s Office participating in the Task Force model.
While the bill has broad support, the Sheriff’s Association of Texas raised concerns about funding. Chambers County Sheriff Brian Hawthorne suggested the program should be covered by direct legislative appropriation to avoid relying on grants.
“We think that financial relief shouldn’t be in a grant program, it should be part of the program, and it should cover all 254 counties,” Hawthorne said.
Senate Bill 8 strengthens local and federal cooperation in immigration enforcement. However, there are still concerns over funding for smaller counties that must be addressed to ensure fair and effective participation across Texas.
