Texas Border Business
A major change to immigration enforcement in Texas will take effect on January 1, 2026, under Senate Bill 8, passed by the 89th Texas Legislature in 2025. The law requires county sheriffs who operate jails to formally cooperate with federal immigration authorities, specifically U.S. Immigration and Customs Enforcement.
Senate Bill 8 requires sheriffs in counties with jail facilities to “enter into agreements” with Immigration and Customs Enforcement to assist with immigration enforcement activities inside local jails. These agreements are commonly known as 287(g) agreements, named after a section of federal immigration law that allows local law enforcement agencies to work with ICE under federal supervision.
Under the law, sheriffs are required to participate in programs that allow trained local deputies to assist in identifying individuals in custody who may be subject to federal immigration enforcement. The bill states that the purpose is to ensure that “federal immigration laws are enforced to the fullest extent permitted by law” within Texas detention facilities.
The legislation also creates a state-funded grant program to help counties cover the costs associated with participating in ICE agreements. According to the bill language, the grants are intended to “offset the costs incurred by sheriffs” related to training, personnel, and administrative expenses tied to immigration enforcement cooperation.
Supporters of Senate Bill 8 have said the measure is designed to strengthen cooperation between state and federal authorities. During legislative discussions, proponents argued that local participation helps ensure that individuals who are in the country unlawfully and have been arrested are identified before they are released back into the community.
Opponents of the law have raised concerns about costs, local control, and the role of sheriffs in enforcing federal immigration law. Critics have argued that mandatory participation places additional responsibilities on county officials and could affect relationships between law enforcement and immigrant communities.
The law applies only to counties that operate jails, not to counties without detention facilities. Sheriffs who fail to comply with the requirement to enter into agreements may face enforcement actions under state law, though the bill emphasizes compliance through funding support rather than penalties.
Senate Bill 8 is part of a set of Texas laws scheduled to take effect on January 1, 2026. As written, the law does not change federal immigration standards but instead focuses on how Texas counties cooperate with existing federal enforcement systems.
Unless amended or blocked by the courts, Senate Bill 8 will become effective statewide on January 1, 2026, and county sheriffs will be required to begin or maintain formal cooperation agreements with U.S. Immigration and Customs Enforcement.
In Texas, county sheriffs are generally responsible for jail functions, which means most of the state’s 254 counties are involved in operating or administering detention services in some form. Some smaller or rural counties do not maintain their own jail facilities and instead rely on agreements with neighboring counties to house detainees. Because these arrangements vary and can change over time, there is no single, fixed list of counties that operate their own jail facilities. As a result, laws such as Senate Bill 8 are applicable across Texas without requiring a detailed county-by-county distinction.
