U.S. Immigration and Customs Enforcement (ICE) has drafted a proposal to help local police officers who are deputized to enforce federal immigration laws. The plan would subsidize liability insurance that covers up to $500,000 in personal liability for officers, with the agency reimbursing up to $250 per year – roughly the cost of the policy.
How the insurance would work
Under the proposal, officers would purchase a policy that pays for legal fees, settlements and judgments arising from on‑duty misconduct claims. ICE intends to hire a contractor to manage outreach, training and communications for its 287(g) partnerships, and that contractor would also handle hiring the insurance vendor and processing reimbursements.
Why ICE is offering the program
ICE’s 287(g) agreements, named for a 1996 immigration statute, allow trained local officers to interrogate, arrest and charge individuals suspected of being in the country illegally. Since President Donald Trump returned to the White House, the number of participating agencies has risen sharply – nearly 1,600 agencies in 32 states now have agreements, and arrests through the program jumped to an average of 3,000 per month in early 2026, compared with about 250 per month in 2024.
Local departments have expressed concern that standard insurance policies often exclude “proactive immigration enforcement activities,” leaving officers vulnerable to civil suits for excessive force, wrongful arrest or illegal search and seizure. By offering a dedicated liability policy, ICE hopes to remove a key barrier that has made some jurisdictions hesitant to join the partnership.
Critics and supporters weigh in
David Bier, director of immigration studies at the Cato Institute, warned that the plan could further shield officers from accountability for violations of Americans’ rights. “The concern here is that ICE is going above and beyond to guarantee law enforcement does not have even the slightest risk of liability for violating Americans’ rights while helping ICE arrest people,” he said.
Conversely, former Colorado sheriff Justin Smith, now executive director of the National Sheriffs’ Association, called the proposal promising. He noted that many sheriffs are reluctant to partner with ICE because of potential liability, and that the insurance could make it easier for local agencies to cooperate while still protecting officers from costly lawsuits.
Legal framework of the partnership
ICE agreements state that local departments are responsible for costs arising from incidents, but they also assert that officers acting under ICE authority are “acting under color of federal authority,” which could bar lawsuits against individual deputies. The agreements further allow local officers facing civil suits to request representation from the U.S. Department of Justice, though the final decision rests with DOJ.
Butler County Sheriff Michael Slupe in Pennsylvania reported finding a policy that covered his 13 deputies for $20,000 in annual premiums, noting that federal funding would offset the expense.
Next steps
ICE has asked industry stakeholders for feedback by Thursday and has not disclosed a launch timeline or total cost estimate. The agency did not provide an immediate comment when contacted for this story.
The proposal highlights the ongoing tension between federal immigration enforcement goals and local concerns about civil liability, a dynamic that has intensified under the current administration’s emphasis on expanding 287(g) collaborations.
Original reporting: KTBS 3 (Shreveport) — read the source article.
