ICE Seeks to Shield Local Officers From Legal Risks Over Immigration Arrests
ICE is considering a plan to help cover liability insurance for state and local officers involved in federal immigration enforcement. The proposal comes as more police agencies participate in the 287(g) program and face concerns over lawsuits, legal expenses, and potential financial exposure.
A new proposal by ICE would allow local police officers to collaborate in immigration enforcement more readily, but without bearing the full burden of potential lawsuits related to such efforts.
The agency wants to insure state and local officers who are trained and deputized to enforce federal immigration laws. The coverage might defend cops facing accusations of misconduct, such as overuse of force or false arrest.
The plan coincides with the fact that the department with ICE has increased dramatically. The proposed insurance would eliminate one of the biggest figuring hurdles for agencies that have been reluctant to participate in the federal immigration enforcement effort due to legal concerns.
What ICE Is Proposing?
ICE is exploring the possibility of putting forth a grant to help pay for professional liability insurance when officers work via 287(g). With the proposed change, policies may cover a maximum of $500,000 for personal liability coverage and legal fees, settlements and judgments per policy based on the policy worded limit.
The cost of insuring officers, up to $250 per year, would also be covered by the planning document. That is about what ICE estimates the policies will cost, and the federal government can pay the premium for officers to be in the program.
ICE is considering hiring a contractor to support outreach, training and communications for its local partnerships. The exact launch date and the total cost are unknown, as is the team of contractors that will work with an insurance vendor and manage reimbursement.
Where The New Protection Would Apply?
The proposal targets state and local authorities that are involved with ICE's 287(g) program. The program trains selected officers and grants them immigration enforcement powers, under a formal agreement and while under the supervision of ICE.
The Task Force Model empowers trained officers of local agencies with partial immigration jurisdiction in everyday, nonjudicial law enforcement. Other 287(g) models have been those generally focused on individuals already in local custody, or those where officers issue administrative immigration warrants to individuals who are local suspects or detainees.
It would have an indirect and at least significant effect for immigrants. This could encourage more local officers to participate in immigration arrests and other federal enforcement actions by reducing concerns over potential liability.
The Liability Problem Behind the Plan
Local departments have expressed concerns their current insurance policies may exclude immigration enforcement. In Pennsylvania, new restrictions recently applied to the county risk pool meant that proactive immigration enforcement was ineligible for coverage, thus leaving counties seeking other policies.
The insurance coverage cost about $20,000 per year for the 13 deputies who did participate in the program, Butler County Sheriff Michael Slupe said. The cost can be a barrier to entering and/or staying in a 287(g) partnership for smaller departments.
The liability for compensation can be more than just the cost of an insurance premium. Officers may be liable for excessive force, wrongful arrest or unlawful searches and federal officers are entitled to government-funded officers or protections that may not be available to local officers.
The Bigger Expansion of 287(g)
The insurance initiative comes after a significant increase in 287(g). According to data released by ICE that was cited by the Associated Press, now almost 1,600 agencies in 32 states have agreements under the Task Force Model that enable local officers who are trained to engage in a specific class of immigration enforcement activities.
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ICE points out that it can help expand the capacity of departments to conduct 287(g), by training local officers and offering departments a federal resource. The escalating expansion sparked concerns about accountability and community trust, critics say, as it draws federal immigration officers into statewide routine law-enforcement duties.
What ICE and Critics Are Saying?
ICE has not yet released details of its final insurance plan and wasn't immediately commenting upon when the proposal was reported. The agency still has to seek industry input and of how the program would work, and it reported that it was still doing so, in its documents.
The officials of law have been more accepting. Some sheriffs have been reluctant to take part in part for fear of lawsuits, and other reasons, and the insurance proposal has been a good idea, according to Justin Smith, executive director of the National Sheriffs' Association.
While arguments exist on both sides, critics believe that the less an officer has to lose themselves financially, the less vulnerable he will be to accountability. ICE was trying to push for more cooperation but also was taking steps "to try to reduce the personal liability of officers that police allegedly violated the law while assisting in immigration enforcement," Cato's David Bier said.
ICE’s Next Steps
ICE has sent out requests for comments to any bidders and industry leaders by Thursday. The contractor under consideration would assist with outreach, training and communications and would cover the costs of an insurance vendor, along with reimbursement, if the plan is implemented.
We are not given a definite launch date, and the final structure may vary. It is unclear who would be covered, what type of coverage the insurance would provide and the process for paying the insurance back if officers were involved with different 287(g) models.
Whether federal funds make immigration enforcement feasible is a bottom-line issue for local jurisdictions. In addition, departments that previously thought that the liability costs were prohibitive will have a reduced incentive to opt-out of the program if coverage is being offered at the cost of insurance as proposed.
The Liability Question Is Not Going Away
The notion of the proposal could seem to be a simple insurance policy, but it is, essentially, a commitment on the part of the federal government to increasingly using local police powers as a tool for enforcement.
With the federal assistance to help officers and sheriffs with liability as to liability, it would be less risky to participate. The opposite scenario is possible for immigrant communities, meaning they may see an increase in local police participating more in federal immigration enforcement.
So what's to be done when a federal immigration arrest yields a civil rights claim, that is the bigger question for months to come if more local officers will be furnished with federal immigration power.
The information on this page is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Immigration laws and policies change frequently. Always consult a licensed immigration attorney or accredited representative before making any immigration decisions.
Last Updated: [August 2026] — This article reflects information available as of [August 2026]. Policies may have changed. Check USCIS.gov for the most current guidance.
