ICE Proposes Insurance to Shield Local Officers in Immigration Arrests
The U.S. Immigration and Customs Enforcement agency is proposing a plan to subsidize liability insurance for state and local police officers who make immigration arrests, a move that could remove a key financial barrier deterring some departments from joining federal enforcement partnerships. Under the proposal, officers would purchase insurance covering up to $500,000 in personal liability — typically funding legal fees, settlements, and judgments — with ICE reimbursing up to $250 annually, roughly what the insurance is expected to cost, according to AP News.
The proposal was outlined in a Request for Information published Friday on the federal procurement website SAM.gov, in which ICE said it is considering hiring a contractor to provide outreach, training, communications support, and insurance vendor management for its 287(g) partnerships with local departments. The agency has asked for industry feedback by Thursday.
The 287(g) Program’s Rapid Expansion
The 287(g) program, named for a section of the 1996 immigration law, authorizes the federal government to delegate immigration-enforcement powers to state and local law enforcement agencies. Under the Trump administration, the program has expanded dramatically — from approximately 135 agreements in 20 states under President Joe Biden to nearly 1,600 agencies in 32 states participating in ICE’s task force model by June 2026, according to AP News.
Arrests through 287(g) programs have surged to an average of 3,000 per month in the first two months of 2026, compared to a monthly average of 250 in 2024. The Trump administration has offered substantial financial incentives to participating agencies, including $100,000 for new vehicles, $7,500 per trained officer for equipment, and reimbursement for officer salaries and benefits.
Liability Concerns Among Local Departments
As local officers increasingly carry out federal immigration work, they and their departments have expressed concerns about civil liability from claims alleging excessive use of force, wrongful arrest, and illegal search and seizure. Insurance policies covering their local work may not apply to immigration enforcement activities.
Pennsylvania’s risk pool recently excluded “proactive immigration enforcement activities” from coverage, forcing several participating counties to seek alternative insurance. Butler County Sheriff Michael Slupe found insurance for his 13 deputies at a cost of $20,000 in annual premiums.
“I want to make sure the guys are additionally covered, so we had to spend the money,” Slupe said, adding that federal funding would cover the cost.
Federal officers usually enjoy legal immunities and a government-funded defense when facing lawsuits, but those protections may not always extend to local officers. While civil lawsuits are the main concern, professional liability insurance also typically helps cover legal fees for officers facing criminal investigations.
Support from Law Enforcement Groups
Justin Smith, a former Colorado sheriff who is executive director of the National Sheriffs’ Association, said ICE’s plan sounds promising and that he was anxious to discuss how it would work. Smith said he has shared concerns with ICE that some sheriffs are reluctant to join the partnerships because of the potential liability at a time when immigration enforcement faces intense public protests and media scrutiny.
“Right now, any time you are working on immigration there is going to be a much higher potential for there being problems and having suits and issues,” Smith said. “They’re recognizing that it is a different environment. And I think trying to be good partners with us as best they can.”
Under their agreements, ICE warns local departments that they are responsible for the costs of incidents that give rise to liability. However, ICE seeks to reduce risk by stating that local officers performing ICE-authorized functions are “acting under color of federal authority,” which would bar lawsuits against individual officers. The agreements also state that local officers facing civil lawsuits can ask the U.S. Department of Justice to represent them, though the final decision rests with DOJ.
Critics Raise Accountability Concerns
David Bier, director of immigration studies at the Cato Institute, said the program would be another way for officers to avoid personal accountability for misconduct.
“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,” Bier said.
Critics also point to the program’s documented history of racial profiling and civil rights abuses. The Obama administration discontinued the Task Force Model in 2012 following repeated exposures of racial profiling, though jail-based forms continued. A 2022 ACLU report found that 65% of participating agencies had records involving racial profiling or other civil rights violations.
The proposal comes amid growing resistance from Democratic-led states, with ten states now prohibiting law enforcement cooperation in 287(g) programs. NPR has documented how the program operates on the ground in Florida, where all 67 counties have signed cooperation agreements with ICE, and immigrant advocates have raised concerns about racial profiling and the fear it creates in immigrant communities.
Financial Incentives Already Flowing
ICE’s insurance proposal would complement the substantial financial incentives already flowing to participating agencies. WLRN/NPR reported that FWD.us estimates $1.4 to $2 billion could flow to participating agencies in 2026 alone. ICE announced $40 million in Florida alone for vehicles and equipment in September 2025, and Florida and Texas have added their own state-level grants, including a $250 million pool in Florida.
What’s Next
The proposed timeline for launching the insurance program and its estimated cost remain unclear. ICE had no immediate comment on the plan. The agency has asked for industry feedback by Thursday, August 20.
As the 287(g) program continues to expand and states push back, the insurance proposal represents a significant escalation in the administration’s efforts to remove barriers to local police participation in federal immigration enforcement. Whether it will withstand legal challenges and how it will interact with state laws prohibiting 287(g) cooperation remain open questions.
Observers will be watching to see whether the insurance subsidy leads more local agencies to join the program, potentially accelerating the pace of immigration arrests, or whether it becomes another flashpoint in the ongoing battle between the federal government and states resisting its immigration enforcement agenda.