Key facts
- ICE is proposing to subsidize liability insurance for local officers deputized to enforce federal immigration laws.
- The insurance would cover up to $500,000 in personal liability, with officers reimbursed up to $250 annually.
- This initiative aims to encourage more local police departments to participate in federal immigration enforcement partnerships.
- Arrests made through these programs have significantly increased, with a substantial jump in early 2026.
- Critics argue the program could shield officers from accountability for misconduct.
U.S. Immigration and Customs Enforcement (ICE) is proposing a plan to subsidize liability insurance for local police officers who are trained and deputized to enforce federal immigration laws. This initiative aims to shield these officers from potential financial consequences stemming from accusations of on-duty misconduct, such as excessive force or wrongful arrest.
The proposed insurance would cover up to $500,000 in personal liability, typically funding legal fees, settlements, and judgments. Officers would be reimbursed up to $250 annually, which is the estimated cost of the insurance. This program is intended to encourage more local police departments to participate in ICE's 287(g) partnerships, a section of a 1996 immigration law that allows local officers to enforce federal immigration statutes.
ICE's partnerships with local departments have seen a significant increase, with nearly 1,600 agencies in 32 states currently having agreements. Arrests made through these programs have also surged, averaging 3,000 per month in the first two months of 2026, a substantial increase from 250 per month in 2024. This growth is partly attributed to financial incentives offered to participating agencies.
However, critics like David Bier of the Cato Institute express concern that the program would allow officers to avoid personal accountability for violating Americans' rights. Local departments and officers have voiced worries about civil liability, as standard insurance policies may not cover immigration enforcement activities. For example, Pennsylvania's risk pool recently excluded "proactive immigration enforcement activities" from coverage, prompting counties to seek alternative insurance. Butler County Sheriff Michael Slupe noted he had to spend $20,000 in annual premiums for his deputies, costs he hopes federal funding will cover.
Justin Smith, executive director of the National Sheriffs’ Association, described ICE's insurance idea as promising, acknowledging that some sheriffs are hesitant to join partnerships due to potential liability amid public scrutiny. He noted that some departments are already facing costly legal claims related to their immigration work.
ICE is seeking industry feedback on the proposal by Thursday, with the proposed timeline for launching the program and its estimated cost remaining unclear.