By Vanguard Staff
AUSTIN, Texas — The Texas Legislature on Sunday passed Senate Bill 8, a sweeping new immigration enforcement measure that would require most county sheriffs in the state to enter into cooperation agreements with U.S. Immigration and Customs Enforcement (ICE), effectively conscripting local law enforcement into federal deportation efforts. The bill now heads to Governor Greg Abbott’s desk and is expected to be signed into law.
The legislation mandates that sheriffs who oversee or contract jail operations pursue agreements under Section 287(g) of the Immigration and Nationality Act, a provision that allows ICE to delegate certain immigration enforcement powers to local authorities. Lawmakers approved the measure by a vote of 20–11 in the Senate and 89–52 in the House, amid widespread Republican support and vocal opposition from Democrats and civil rights advocates.
The American Civil Liberties Union (ACLU) of Texas condemned the bill, warning it will fuel racial profiling, erode trust between immigrant communities and law enforcement, and strain already-overextended sheriff’s offices. “S.B. 8 will not make our communities safer, but it will force sheriffs to do the work of ICE in support of the federal government’s shameful mass deportation efforts,” said Sarah Cruz, policy and advocacy strategist for border and immigrants’ rights at the ACLU of Texas. “This bill will also divert limited law enforcement resources, lead to racial profiling, and drive victims and witnesses of crime into the shadows.”
Supporters of SB 8, including its House sponsor Rep. David Spiller (R-Jacksboro) and co-authors Sens. Charles Schwertner (R-Georgetown) and Joan Huffman (R-Houston), framed the legislation as a public safety measure. “The people of the United States and of Texas spoke very clearly last November regarding their concerns of illegal immigration,” Schwertner said during Senate debate, adding that the bill addresses fears of “criminal illegal aliens doing great harm” to Texas communities.
The final version of the bill broadens its scope beyond the jail-based 287(g) programs initially proposed, allowing sheriffs to request field-level agreements that permit local officers to question people about their immigration status during routine patrols—a program previously criticized for facilitating racial profiling. That expansion prompted fierce criticism from Democrats, including Sen. Roland Gutierrez (D-San Antonio), who questioned the potential for abuse based on race and ethnicity.
“Well, I’m glad that you agree with me that racism is still alive and well in this country,” Gutierrez told Schwertner, after the senator acknowledged that implicit bias exists and argued that training could mitigate the risks.
Critics also raised concerns about funding. While SB 8 includes a grant program meant to support counties with the costs of these new duties, it does not guarantee full coverage or equitable distribution. Local law enforcement agencies could face increased financial burdens without adequate federal or state reimbursement, forcing them to redirect resources away from community safety needs.
Texas already leads the nation in 287(g) agreements, with 73 law enforcement agencies participating—including the state’s National Guard and the Office of the Attorney General. However, the expansion of the program to nearly every county raises the prospect of widespread implementation, even in communities that have previously resisted entanglement in federal immigration enforcement.
The passage of SB 8 continues Texas’ aggressive push to insert the state into immigration policy, a domain historically reserved for the federal government. In recent years, Texas has passed laws allowing local police to arrest individuals suspected of being undocumented and prohibiting sanctuary city policies. The Biden administration initially sued to block some of these measures, but the lawsuit was dropped under the Trump administration, which has championed Texas’ efforts.
Texas is home to approximately 1.6 million undocumented immigrants, second only to California. Advocates warn that forcing local authorities to act as immigration agents will deter cooperation with law enforcement in immigrant communities and undermine public safety.
“This is not the path to safer communities,” Cruz said. “The legislature should not strip local communities of their ability to make decisions about what keeps them safe.”
The bill awaits final approval from Governor Abbott, who has signaled support for such policies in the past and is expected to sign the measure into law.
