ICE plans $500,000 insurance cover for local police helping with immigration arrests

US Immigration and Customs Enforcement is considering subsidising liability insurance for state and local police officers who help enforce federal immigration laws, a move that could address concerns about the financial risks officers face if they are accused of misconduct while carrying out immigration duties, the Associated Press reported.

Under the proposal, officers trained and deputised under ICE's 287(g) programme would purchase insurance providing up to $500,000 in personal liability coverage and could be reimbursed up to $250 a year, roughly the expected cost of the insurance, according to an ICE planning document cited by AP.

The insurance would typically help cover legal fees, settlements and judgments arising from claims against officers. Professional liability insurance can also cover some legal costs related to criminal investigations, AP reported.


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ICE has not formally announced the programme. The agency outlined the proposal in a planning document seeking feedback from industry officials as it considers hiring a contractor to provide outreach, training and communications support for its partnerships with local law enforcement agencies.

The contractor would hire the insurance provider and process reimbursements, among other responsibilities. ICE has sought industry feedback on the proposal, while the timeline for launching the programme and its estimated cost remain unclear, according to AP. ICE had no immediate comment to the news agency.

What is ICE's 287(g) programme?

The 287(g) programme, named after a section of a 1996 immigration law, allows ICE to train and authorise state and local law enforcement officers to perform certain federal immigration enforcement functions.

Nearly 1,600 agencies across 32 states have agreements to participate in ICE's task force model, according to ICE data cited by AP. Trained local officers participating in the programme can question, arrest and charge people suspected of being in the US illegally.

The number of participating agencies has increased during President Donald Trump's second term, with the federal government offering financial incentives to local departments. Participating agencies can receive funding for expenses including officers' pay, equipment and vehicles.

Arrests through local partnerships rise

Arrests made through these programmes averaged about 3,000 a month during the first two months of 2026, according to the most recent ICE data provided to the University of California Berkeley's Deportation Data Project and cited by AP.

That compares with an average of about 250 arrests a month in 2024 under former President Joe Biden.

Agencies in Florida, Texas, Oklahoma and Georgia have been among the leading participants in ICE's local enforcement partnerships.

Why liability has become a concern

As local police take on more federal immigration work, officers and departments have raised concerns about potential civil liability from allegations of excessive force, wrongful arrest and illegal searches and seizures.

A key issue is that insurance covering officers for their regular policing duties may not extend to federal immigration enforcement.

Pennsylvania's risk pool, for example, recently excluded "proactive immigration enforcement activities" from its coverage, leading some participating counties to seek other insurance options, AP reported.

Butler County Sheriff Michael Slupe told AP that he obtained insurance for 13 deputies participating in the programme at an annual premium of $20,000.

“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 access to a government-funded defence when they face lawsuits. Those protections may not always apply to local officers performing immigration enforcement duties, according to AP.

Proposal draws concerns over accountability

The insurance proposal has also raised questions about whether it could reduce officers' personal exposure when misconduct is alleged.

“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, told AP.

Justin Smith, executive director of the National Sheriffs' Association and a former Colorado sheriff, told AP that the proposal appeared promising. He said potential liability has made some sheriffs reluctant to participate in ICE partnerships.

“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.”

Under ICE agreements, local departments are responsible for costs arising from incidents that create liability. The agreements also state that local officers carrying out ICE-authorised functions are acting under federal authority.

Local officers facing civil lawsuits can ask the US Department of Justice to represent them, and ICE generally supports such requests, according to AP. The Justice Department, however, makes the final decision on whether to provide representation.