ICE pitches legal insurance to safeguard local officers who make immigration arrests, and it will save them from possible financial consequences

U.S. Immigration and Customs Enforcement is moving forward with a plan to subsidize liability insurance for local police officers who handle immigration arrests, the Associated Press reported. This initiative aims to protect officers from potential financial fallout if they face accusations of on-duty misconduct while enforcing federal immigration laws.

The agency detailed this proposal in a document published Friday. Under the current plan, officers would secure insurance policies covering up to $500,000 in personal liability, which typically assists with legal fees, settlements, and judgments. ICE intends to reimburse these officers up to $250 annually, which is the estimated cost of the premiums.

This move follows a significant increase in partnerships between ICE and local law enforcement agencies since President Donald Trump returned to the White House last year. By removing the financial risk that often discourages local departments from joining these programs, ICE likely hopes to expand its reach even further. Data indicates that nearly 1,600 agencies across 32 states currently participate in the task force model, which allows trained local officers to interrogate, arrest, and charge individuals suspected of being in the country illegally.

The shift in activity is noticeable when looking at the numbers

Arrests made through these programs reached an average of 3,000 per month during the first two months of 2026. This is a substantial jump from the monthly average of 250 recorded in 2024. Local departments have expressed legitimate concerns about civil liability regarding claims of excessive force, wrongful arrest, and illegal search and seizure.

Often, standard insurance policies for local work do not extend to these federal immigration activities. For example, Pennsylvania’s risk pool recently clarified that it would exclude proactive immigration enforcement from its coverage. Butler County Sheriff Michael Slupe noted that he had to secure separate insurance for his deputies at a cost of $20,000 in annual premiums to ensure they were protected.

Justin Smith, the executive director of the National Sheriffs’ Association, believes the proposal sounds promising. He noted that many sheriffs are hesitant to join these partnerships due to the potential for costly legal claims and intense public scrutiny. Smith stated, “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.” He added that the agency is “recognizing that it is a different environment. And I think trying to be good partners with us as best they can.”

However, not everyone supports the plan. Critics argue that this program could diminish personal accountability for officers. David Bier, the director of immigration studies at the Cato Institute, expressed concerns about the implications of the proposal. He said, “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.”

ICE is currently looking to hire a contractor to handle outreach, training, and communications for its 287(g) partnerships, which are named after a 1996 immigration law. This contractor would also be responsible for hiring the insurance vendor and managing the reimbursement process. The agency has requested industry feedback by Thursday, though the timeline for the program and its total cost remain unclear. ICE did not provide a comment on the plan at this time.