A Closer Look at Texas’s New Immigration Enforcement Mandate

In a controversial move that could reshape how immigration laws are enforced at the local level, Texas has passed legislation requiring all county sheriffs to cooperate with U.S. Immigration and Customs Enforcement (ICE) under the federal 287(g) program. This mandate, embedded in Senate Bill 8, signed into law in 2025, marks one of the most aggressive state-level immigration enforcement expansions in the country.

As an immigration and DWI lawyer practicing in Houston, I’ve already begun seeing the ripple effects of this law in courtrooms, jails, and immigrant households. Let's break down what this law means, how it functions, and what your rights are if you or a loved one may be affected.

Gavel coming down on new Texas Law

What Is the Immigration Enforcement 287(g) Program?

The 287(g) program is a federal initiative that allows ICE to partner with state and local law enforcement agencies. Under this agreement, sheriffs and jail officials are trained and authorized to carry out certain immigration enforcement functions—such as questioning individuals about their immigration status and issuing detainers—all under ICE supervision.

You can read more about 287(g) directly from the U.S. Immigration and Customs Enforcement website.

What Does the New Texas Law Require?

With Senate Bill 8 (SB8) now enacted, every sheriff operating a county jail in Texas must enter into at least the “warrant service model” of the 287(g) program. This model empowers local jailers to serve ICE-issued arrest warrants on immigrants who are already in custody for other charges, often non-violent offenses.

Rep. David Spiller, who sponsored the House version of the bill, described it as a move to streamline cooperation and “eliminate inconsistencies” in how different counties handle immigration detainers. Sheriffs are now required by state law to assist ICE—whether or not they agree with the policy.

Why Is This Law Controversial?

Critics of SB8, including civil rights groups and immigrant advocates, have raised serious concerns:

• Due Process Violations: Individuals may be held in jail solely on immigration detainers without access to an immigration judge.

• Racial Profiling Risks: Law enforcement may disproportionately target Latino or immigrant-looking individuals during arrests or traffic stops.

• Family Separation: Minor offenses could lead to deportations, tearing families apart in communities across Texas.

Texas Rep. Rafael Anchia (D-Dallas) strongly opposed the bill, arguing that it reinforces a broken immigration system by focusing solely on enforcement without reform. He stated during floor debate, “It produces bad results. It rewards the cartels. It rewards human suffering.” (Texas Scorecard)

What Does This Mean for Noncitizens in Texas?

If you’re undocumented, on a visa, or awaiting a green card—this law significantly increases your risk of being placed in removal proceedings if you are arrested or taken into custody. Even a routine DWI or traffic stop could result in ICE involvement.

In the past, cooperation between jails and ICE varied widely across Texas counties. Now, uniform participation removes safe zones that many immigrant communities once relied on.

What You Should Do If You Are Detained

If you or a family member are taken into custody in Texas, it’s critical to act immediately:

1. Remain Silent: You are not required to disclose your immigration status to local police or jail officers.

2. Do Not Sign Anything: ICE officers may pressure you to sign voluntary departure forms. Refuse until you speak with a lawyer.

3. Get Legal Help Fast: Contact an attorney who specializes in both immigration and criminal law. Your defense must address both issues simultaneously.

Our firm has extensive experience representing immigrants facing DWI, detention, or ICE holds in Harris County and beyond. If you need urgent assistance, contact our office or email ruben@restrepodwilawyer.com.

What Comes Next?

While Governor Abbott and Texas lawmakers celebrate this law as a victory for “border security,” immigration attorneys and civil liberties experts see it as a dangerous overreach. Lawsuits challenging the constitutionality of mandatory local ICE cooperation are already expected.

But in the meantime, the law is active and enforceable, and immigrant communities must respond with education, advocacy, and legal preparedness.

Final Thoughts

The requirement for Texas sheriffs to join ICE under 287(g) represents a major shift in immigration enforcement in our state. If you or someone you care about could be affected, now is the time to seek legal guidance and protect your rights.

At Restrepo Law, we stand with Texas families navigating the challenges of immigration law and are committed to defending your freedom and dignity—one case at a time.

Need Help? Schedule a confidential consultation today.📞 Call us: 713-714-7330📧 Email: ruben@restrepodwilawyer.com