ICE Will Fund Liability Insurance for Local Cops
ICE Will Fund Liability Insurance for Local Cops

The News
Immigration and Customs Enforcement is pitching a plan to subsidize liability insurance for state and local police officers who are trained and deputized to enforce federal immigration law, shielding them from personal financial exposure if they are accused of on-duty misconduct.
The agency laid out the plan in a planning document published Friday, according to the Associated Press, which first reported the proposal.
Under it, officers would buy insurance covering up to $500,000 in personal liability — money that typically pays legal fees, settlements and judgments — and be reimbursed up to $250 a year, roughly what the coverage is expected to cost.
How the Plan Would Work
The document tells industry officials ICE is considering hiring a contractor to provide outreach, training and communications support for its 287(g) partnerships with local departments, named for a section of a 1996 immigration law. That contractor would hire the insurance vendor and process the reimbursements.
ICE asked for industry feedback by Thursday. The launch timeline and the estimated cost are unclear, and the agency had no immediate comment on the plan.
Why Local Cops Want It
Local officers doing federal immigration work have raised concerns about civil liability from claims alleging excessive use of force, wrongful arrest and illegal search and seizure — because the insurance that covers their ordinary police work may not apply.
Pennsylvania's risk pool recently made clear it would exclude "proactive immigration enforcement activities" from coverage, forcing several participating counties to look elsewhere. Butler County Sheriff Michael Slupe said he found coverage for his 13 participating deputies at $20,000 a year in 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 generally have legal immunities and a government-funded defense when they are sued. Those protections do not always reach local officers.
Timeline
Congress writes Section 287(g) into immigration law, allowing local officers to be deputized for federal immigration enforcement.
Arrests through those partnerships average 250 a month under President Joe Biden.
President Donald Trump returns to the White House and ICE begins offering local agencies financial incentives to sign on.
Arrests through the programs jump to an average of 3,000 a month, per ICE data provided to the University of California Berkeley's Deportation Data Project.
ICE publishes the planning document outlining the insurance subsidy.
Deadline for industry feedback.
Reactions
David Bier, director of immigration studies at the Cato Institute and a critic of the crackdown who has urged Congress to make it easier to sue ICE agents, called it another way for officers to dodge accountability.
"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.
Justin Smith, a former Colorado sheriff who runs the National Sheriffs' Association, said the plan sounds promising and that he was anxious to talk to ICE about the details. Smith said some sheriffs have stayed out of the partnerships over liability fears, and others already partnering with ICE are facing legal claims that cost money whether or not deputies did anything wrong.
"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."
What's Next
Industry responses are due Thursday, after which ICE would move toward hiring the contractor that manages outreach and the insurance reimbursements. No start date or budget has been made public.
More
Nearly 1,600 agencies across 32 states now have agreements under ICE's task force model, in which trained local officers can interrogate, arrest and charge suspected illegal immigrants. Departments qualify for federal money covering officer pay, equipment and vehicles, and agencies in Florida, Texas, Oklahoma and Georgia have been among the leaders, encouraged by state and local Republican officials.
ICE's agreements warn local departments that they are on the hook for the costs of incidents that create liability. The agency tries to limit that 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 let sued officers ask the Justice Department to represent them, and ICE says it will generally back those requests — but DOJ makes the final call.
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