U.S. Immigration and Customs Enforcement (ICE) has drafted a proposal to help state and local police officers who are trained and deputized to enforce federal immigration laws. The plan would subsidize liability insurance that covers up to $500,000 in personal liability, primarily legal fees, settlements and judgments.
How the insurance would work
Under the proposal, officers would purchase a policy that caps personal liability at $500,000. ICE would reimburse each officer up to $250 per year – roughly the expected cost of the coverage. A contractor hired by ICE would handle outreach, training, communications and the processing of reimbursements.
Background and recent growth of 287(g) partnerships
Since President Donald Trump returned to the White House, ICE’s 287(g) partnerships with local departments have expanded dramatically. Nearly 1,600 agencies in 32 states now have agreements that allow trained local officers to interrogate, arrest and charge individuals suspected of being in the country illegally. States such as Florida, Texas, Oklahoma and Georgia have been among the most active, often with encouragement from Republican officials.
Arrests through these agreements rose to an average of 3,000 per month in the first two months of 2026, compared with about 250 per month in 2024 under the previous administration.
Why insurance matters to local officers
Local officers have expressed concern that existing insurance policies may not cover “proactive immigration enforcement activities.” For example, Pennsylvania’s risk pool recently excluded such activities, forcing participating counties to seek alternative coverage. Butler County Sheriff Michael Slupe reported finding a policy for his 13 deputies at a cost of $20,000 in annual premiums, noting that federal funding would offset the expense.
Without dedicated coverage, officers risk personal financial liability from civil suits alleging excessive force, wrongful arrest, illegal search and seizure, or other misconduct. Professional liability insurance can also help cover legal fees in criminal investigations.
Critics and supporters weigh in
David Bier, director of immigration studies at the Cato Institute, warned that the program could further shield officers from accountability for violations of Americans’ rights. He called on Congress to make it easier to sue ICE agents for wrongdoing.
Conversely, former Colorado sheriff Justin Smith, now executive director of the National Sheriffs’ Association, said the proposal sounds promising. He noted that some sheriffs hesitate to join 287(g) partnerships because of liability concerns, especially amid heightened public protests and media scrutiny of immigration enforcement.
Legal framework of the agreements
ICE’s 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 officers. The agreements allow local officers facing civil suits to request representation from the U.S. Department of Justice, though the final decision rests with DOJ.
Next steps
ICE has asked industry stakeholders for feedback on the proposal by Thursday. The agency has not disclosed a launch timeline or estimated total cost, and it declined to comment further at the time of reporting.
Original reporting: Alexandria, VA News – WTOP News — read the source article.
