Texas is advancing its quest to help the Trump administration fulfill its desire to carry out its biggest deportation in history. A Republican-led state senator this week approved a bill that required sheriffs from all counties with more than 100,000 residents to sign a cooperative agreement with the U.S. Immigration and Customs Enforcement (ICE). Senate Bill 8, introduced by Republican state senators Joan Huffman and Charles Schwartner, passed 20-11 in the Senate, but still needs to be moved to the state’s lower office. If passed, the bill will allow the state attorney general’s office to sue the sheriff if it believes the officer is not complying with the law.
Working with Trump is essential to implementing his plans for mass expulsion, as federal law enforcement resources are limited and he can’t control the detention of the 13 million undocumented immigrants Republicans want to remove from the country.
The Trump administration has urged states to enter into a joint agreement with ICE under the 287G program. This allows local governments to detain and transfer undocumented individuals who have been arrested for reasons not related to the immigration situation and to immigration agents.
Until last year, two modalities were most commonly used. The Prison Enforcement Model (JEM) allows interrogation of detainees to determine the status of immigration. To do this, the agent will take a 4-week training course. The Warrant Service Officer (WSO) model allows agents to perform ice orders, but not interrogation. In this case, the training lasts only 8 hours.
However, since Trump returned to the White House, a previously unused “task force” model has been promoted, allowing local law enforcement agencies to act as immigration agents during their daily activities. For example, this model allows traffic officers to arrest undocumented immigrants.
ICE has signed 179 such agreements with local agencies in 23 states. Some have signed the majority of Texas and Florida. Since Trump took office, the total partnership between ICE and local and state law enforcement has doubled, with 445 contracts now in all forms.
In addition to concerns about the appropriateness of entrusting untrained personnel in immigration enforcement duties, the agreement with ICE has encountered opposition in many counties due to the high cost of distracting resources from other regions.
The Texas bill would set up a $20 million fund to subsidize counties with under one million residents, but the rest would be left without assistance, leading several Democrats to oppose it.
So, ruled by Greg Abbott, one of Trump’s most solid allies in his anti-immigrant crusades, Texas will become one of the states that work most with the federal government, like Florida. On February 13th, Florida Governor Ron DeSantis signed SB 4C, the country’s most drastic anti-immigration law. This criminalized people entering the state without documents and forced local law enforcement to work with immigration authorities.
Litigation against Florida
The American Civil Liberties Union (ACLU) filed a lawsuit on Wednesday challenging DeSantis’ law. “The Florida SB 4C is not only unconstitutional, it’s also cruel and dangerous,” said Bacardi Jackson, executive director of the Florida ACLU. “This law strips power from the federal government, gives it to immigration training or unauthorized state officials, threatens to separate families, and binds all legal rights here. Our community deserves safety, dignity and a legitimate process, not a politically motivated attack.”
The complaint details how SB 4C forces state law enforcement to make complex decisions regarding federal immigration, approves detention of non-threatening individuals, and criminalizes individuals who may later grant asylum, visas, or permanent status.
“Our plaintiffs include mothers who apply for visas as victims of crimes, mothers of four who care for children with disabilities, and farm workers who harvest food for regular travel between Florida and other states.” “The law not only violates the constitution, it also threatens the safety and well-being of those who have lived in our communities for decades.”
While Florida and Texas are tightening their immigration laws, Maryland is considering relaxing them. Maryland lawmakers are considering banning the state’s existing 287G contracts and replacing them with a different type of cooperation with ICE. The proposal requires local prison officials to notify immigration authorities only if the detainee is charged with a serious crime and is about to be released. It takes 48 hours for immigration agents to obtain custody. Currently, seven Maryland counties have signed contracts with ICE. Three of them, local officials will notify immigration agencies of detainees, even before trial. If the Senate does not advance the proposal, cooperation will continue.
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