ICE Proposes Liability Insurance to Shield Local Officers in Immigration Enforcement

U.S. Immigration and Customs Enforcement (ICE) is drafting a program that would subsidize liability insurance for state and local police officers who are trained and deputized to enforce federal immigration laws under 287(g) agreements. Officers could purchase policies covering up to $500,000 in personal liability, with ICE reimbursing up to $250 per year—approximately the expected premium cost. The agency is considering hiring a contractor to manage outreach, training, and the insurance vendor, and has invited industry feedback.

Associated Press

Since President Donald Trump returned to the White House, ICE’s 287(g) partnerships have expanded dramatically, now encompassing nearly 1,600 agencies in 32 states. Arrests made through these programs surged to an average of 3,000 per month in the first two months of 2026, according to data supplied to the University of California, Berkeley’s Deportation Data Project, compared with a monthly average of 250 in 2024 under President Joe Biden. Republican officials in Florida, Texas, Oklahoma and Georgia have been among the most active supporters.

Associated Press

The proposed insurance would protect officers from civil claims such as excessive force, wrongful arrest, and illegal search and seizure—areas where existing policies often exclude “proactive immigration enforcement activities.” In Pennsylvania, a risk pool recently barred coverage for such activities, prompting counties to seek alternatives. Butler County Sheriff Michael Slupe secured a policy for his 13 deputies at $20,000 in annual premiums, noting that federal funding would offset the expense.

Associated Press

Sheriff Slupe said the coverage was necessary to ensure his deputies are protected, while Justin Smith, executive director of the National Sheriffs’ Association and former Colorado sheriff, described the ICE plan as “promising” but expressed anxiety about its implementation and the heightened risk of lawsuits for officers. ICE’s agreements state that local departments bear liability costs, but the agency argues that officers acting under federal authority should be shielded from individual lawsuits and may request representation from the Department of Justice, which retains final discretion. Critics argue the program could further insulate law-enforcement from accountability.

Associated Press

“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,” — David Bier, director of immigration studies at the Cato Institute

Associated Press