U.S. Immigration and Customs Enforcement (ICE) is considering a plan to offer subsidized liability insurance to state and local police officers who are trained and deputized to enforce federal immigration laws. The initiative aims to protect these officers from potential financial consequences stemming from accusations of on-duty misconduct.
According to a planning document, the proposed program would allow officers to purchase insurance covering up to $500,000 in personal liability, which typically defrays legal fees, settlements, and judgments. ICE would then reimburse officers up to $250 annually, approximating the expected cost of the insurance.
Critics argue the program could reduce accountability for officers. David Bier, director of immigration studies at the Cato Institute, expressed concern that ICE is actively working to eliminate any risk of liability for officers who violate rights while assisting in immigration arrests.
ICE outlined the proposal while informing industry officials of its intent to potentially hire a contractor. This contractor would manage outreach, training, and communications for the agency's "287(g)" partnerships with local departments. The contractor would also be responsible for hiring an insurance vendor and processing reimbursements.
ICE has requested industry feedback on the proposal by Thursday. Details regarding the program's launch timeline and estimated costs remain unclear. The agency has not yet provided an immediate comment on the plan.
During President Donald Trump's second term, ICE has provided significant financial incentives to local agencies, leading to an increase in partnerships and arrests. Currently, nearly 1,600 agencies across 32 states participate in ICE's task force model. Under these agreements, trained local officers can interrogate, arrest, and charge individuals suspected of being in the country illegally. Participating departments can receive funding to help cover expenses such as officer salaries, equipment, and vehicles.
Arrests made through these programs surged to an average of 3,000 per month in early 2026, a substantial increase compared to the monthly average of 250 in 2024. Agencies in Florida, Texas, Oklahoma, and Georgia have been among the most active participants.
As local officers take on more federal immigration duties, concerns have risen regarding civil liability for claims such as excessive force, wrongful arrest, and illegal search and seizure. Some state and local insurance policies may not cover these activities. For example, Pennsylvania's risk pool recently excluded "proactive immigration enforcement activities," prompting several participating counties to seek alternative insurance.
Butler County Sheriff Michael Slupe noted that his department spent $20,000 in annual premiums to secure separate insurance for the 13 deputies involved in the program, with federal funding expected to cover the cost. Unlike federal officers who generally have government-funded defense and legal immunities, local officers may not always have the same protections, intensifying their liability concerns.
Justin Smith, executive director of the National Sheriffs’ Association, described the ICE plan as promising and expressed eagerness to learn more about its implementation. He has previously shared concerns with ICE that potential liability risks deter some sheriffs from joining the partnerships, especially amid protests and media scrutiny surrounding immigration enforcement. Smith also indicated that some departments already participating have begun facing costly legal claims related to their immigration work, regardless of the ultimate findings.