Texans have their eyes on a dramatic special session at the moment, but many new laws that passed during the regular session are fixin’ to take effect. This week we continue our roundup of some of the bills set to change our state.
Sheriffs in counties with a jail will be required to enforce federal immigration law after Senate Bill 8 passed in the 89th Legislature, leaving advocacy groups concerned about its implementation in the future.
All of these sheriffs will be required to request and enter into a 287(g) agreement under the Immigration and Nationality Act, which authorizes ICE to partner with local law enforcement agencies to train and empower local officers to identify and remove undocumented immigrants with a criminal charge. These charges can stem from something as simple as a traffic code violation, like having too dark of a window tint.
There are three programs under 287(g) from which sheriffs will have to choose:
– Jail Enforcement Model: Officers can identify and process people already in the agency’s jail who have criminal convictions or pending criminal charges.
– Warrant Service Officer: This allows officers to serve and execute ICE warrants on individuals already in their agency’s jail.
– Task Force Model: Officers are allowed to perform certain functions of ICE agents while out on their routine duties, such as demanding people show their papers and transporting individuals for deportation; the agreement authorizes officers with the “power and authority to interrogate any alien or person believed to be an alien as to his right to be or remain in the United States.”
“You thought you were going to be a law enforcement agent going after violent criminals? Well, guess what? Not anymore.” – Kristin Etter, Texas Immigration Law Council
Groups like the Texas Immigration Law Council are most concerned about the Task Force Model, as it is the most aggressive model. This model was previously discontinued in 2012, but reinstated by Trump in his “Protecting the American People Against Invasion” executive order.
“You thought you were going to be a law enforcement agent going after violent criminals? Well, guess what? Not anymore,” Kristin Etter, director of policy and legal services for TXILC, said. “Your job is to go harass people that look like immigrants and put them in the deportation pipeline.”
Initially, the bill was written to only require counties with over 100,000 people to take a 287(g) agreement. But now, it applies to every county with a jail, which is about 234 out of 254 Texas counties, according to Sarah Cruz, policy and advocacy strategist for border and immigrants’ rights at ACLU Texas.
This could cause funding issues in some counties. SB 8 is funded by a one-time, statewide $20 million grant. The grant is divided among counties depending on population; for example, counties with under 100,000 people will only be given $80,000 while counties with over 1 million individuals will receive $140,000.
Cruz said this could lead to a strain in resources due to a potential increase in officers and overtime pay.
Critics also argue that SB 8 could escalate distrust in law enforcement, as fewer people will be willing to call law enforcement in an emergency because of fear of immigration enforcement.
Racial profiling may also increase under this bill. According to a 2022 study from the ACLU, at least 65% of agencies that participated in 287(g) agreements at the time demonstrated patterns of racial profiling and other civil rights violations.
“How are you going to start making those stops, and what is going to indicate to you that an individual may be in the state or in the city unlawfully?” Cruz said. “It may be based off how a person looks and if they look like an immigrant in Texas.”
Sheriffs already had an option to turn to a 287(g) agreement if they wanted to, according to Etter. However, SB 8 is forcing all counties to negotiate an agreement even if they don’t think it’s necessary. Etter said this takes away autonomy from these local law enforcement agencies.
“It’s turning ‘Don’t tread on me’ completely on its head,” Etter said. “It’s turning all the things Texas has always been about, like letting our local law enforcement do what they think is right, and taking all of that away.”
While the ACLU plans to monitor SB 8’s fallout, Cruz recommends that people know their rights and document everything in the event their rights are violated.
Etter said residents of counties should pressure their local leaders to not adopt the Task Force model under the 287(g) agreement, and also come up with family preparedness plans now.
SB 8 will officially take effect Jan. 1, 2026, but law enforcement agencies have until Dec. 1, 2026, to comply.
This article appears in August 22 • 2025.