New law against undocumented immigrants in Texas: It will come into effect in a few days

On January 1, 2026, a new law will take effect in Texas that strengthens cooperation with U.S. Immigration and Customs Enforcement (ICE). Senate Bill 8 (SB-8) requires county sheriffs who operate jails, or contract private providers to do so, to formally participate in the federal 287(g) programme.

“The sheriff of each county that operates a jail or contracts with a private provider to operate a jail shall apply for and sign an immigration enforcement agreement to authorise the sheriff and the officers, employees and, as appropriate, contractors of the sheriff’s department to enforce federal immigration law,” the legislation states.

The law also allows sheriffs to apply for state grants to support their participation in the programme. Grant amounts range from $80,000 to $140,000 and are determined by county population, as follows:

• $80,000 for counties with a population of 99,999 or less
• $100,000 for counties with a population between 100,000 and 499,999
• $120,000 for counties with a population between 500,000 and 999,999
• $140,000 for counties with a population of at least one million

SB-8 has generated significant controversy. Supporters argue that it strengthens public safety and law enforcement cooperation, while critics warn that it could increase racial discrimination affecting both undocumented immigrants and U.S. citizens.

What is the 287(g) programme?

Section 287(g) of the Immigration and Nationality Act (INA) authorises ICE to delegate certain immigration enforcement powers to state and local law enforcement officers, under ICE direction and supervision. The 287(g) programme was paused in 2012 following investigations into unlawful detentions and indiscriminate raids, but it was later reinstated during the Trump administration.

“The 287(g) Program allows ICE, through the delegation of specific duties to immigration officers, to enhance collaboration with state and local law enforcement partners to protect the homeland by arresting and removing aliens who undermine the safety of our nation’s communities and the integrity of U.S. immigration laws,” ICE stated.

The programme operates under several different models:

• Jail Enforcement Model (JEM): Focuses on identifying and processing deportable individuals with criminal charges or pending criminal cases who are arrested by local or state law enforcement.
• Task Force Model (TFM): Allows law enforcement agencies to exercise limited immigration authority during routine policing duties, under ICE supervision.
• Tribal Task Force Model (TTFM).
• Warrant Service Officer (WSO) programme: Enables ICE to train and authorise state and local officers to serve and execute administrative immigration warrants within their detention facilities.

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As of December 28, 2025, ICE had signed 1,255 Memoranda of Agreement for 287(g) programmes across 40 states. These include Jail Enforcement Model agreements with 144 law enforcement agencies in 31 states, Warrant Service Officer agreements with 442 agencies in 35 states, and Task Force Model agreements with 669 agencies in 34 states.

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