U.S. Immigration and Customs Enforcement is proposing to subsidize liability insurance for state and local officers who are trained and deputized to enforce federal immigration laws under the agency's 287(g) partnership program, according to a planning document published Friday.
The plan would help shield officers from financial consequences if they face lawsuits alleging on-the-job misconduct while carrying out immigration arrests. Under the proposal, officers would purchase insurance covering up to $500,000 in personal liability, which typically funds legal fees, settlements and judgments. Officers would be reimbursed up to $250 annually — roughly what the insurance is expected to cost.
ICE has asked for industry feedback by Thursday on hiring a contractor to provide outreach, training and communications support for its 287(g) partnerships, named for a section of a 1996 immigration law. The contractor would hire the insurance vendor and process reimbursements.
What the Left Is Saying
David Bier, director of immigration studies at the Cato Institute, criticized the plan as 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.
Bier has called on Congress to make it easier to sue ICE agents for wrongdoing. Immigration advocates argue that removing financial barriers to lawsuits could enable more oversight of officers who engage in civil rights violations during immigration enforcement operations.
Critics contend that subsidizing insurance effectively transfers the cost of potential misconduct from individual officers to taxpayers while removing a deterrent against abuses. Some local governments, such as Pennsylvania's risk pool, have moved to exclude "proactive immigration enforcement activities" from coverage precisely because of liability concerns.
What the Right Is Saying
Justin Smith, former Colorado sheriff and executive director of the National Sheriffs' Association, said ICE's plan sounds promising and that he was eager to discuss how it would work with agency officials. He noted that some sheriffs have been reluctant to join 287(g) partnerships due to potential liability at a time when immigration enforcement faces 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."
Butler County Sheriff Michael Slupe said he already found insurance covering his 13 deputies participating in the program at $20,000 in annual premiums. "I want to make sure the guys are additionally covered, so we had to spend the money," he said, adding that federal funding would cover the cost.
Conservative supporters argue that local officers performing ICE-authorized functions are acting under color of federal authority and should receive protections similar to those afforded to federal agents, including government-funded legal defense in lawsuits.
What the Numbers Show
Nearly 1,600 agencies in 32 states now have agreements to participate in ICE's task force model, according to ICE data. Departments qualify for funding to cover expenses like officer pay, equipment and vehicles.
Arrests made through 287(g) programs jumped to an average of 3,000 per month in the first two months of 2026, according to ICE data provided to the University of California Berkeley's Deportation Data Project. That compares to a monthly average of 250 arrests in 2024 under President Joe Biden.
ICE has offered generous financial incentives to participating local agencies during Trump's second term. Agencies in Florida, Texas, Oklahoma and Georgia have been among the leaders in partnership participation.
The proposed reimbursement of up to $250 annually would cover approximately the expected cost of basic liability coverage for individual officers. The maximum $500,000 policy coverage is designed to handle legal fees, settlements and judgments that could arise from civil lawsuits alleging excessive use of force, wrongful arrest or illegal search and seizure.
The Bottom Line
ICE's insurance proposal represents an effort to remove a hurdle that has made some local police departments reluctant to join immigration enforcement partnerships. By subsidizing liability coverage, the agency aims to attract more participants as it expands its 287(g) program under the current administration.
The proposed timeline for launching the program and its estimated total cost remain unclear. ICE has not commented publicly on the plan beyond the planning document.
Civil liability lawsuits are the primary financial concern for local officers performing immigration work, though professional liability insurance also helps cover legal fees during criminal investigations. Whether this insurance proposal will become policy depends on industry feedback and agency approval in the coming weeks.