ICE Proposes Insurance Subsidies to Ease Local Officers' Liability Fears

U.S. Immigration and Customs Enforcement is floating a proposal to subsidize personal liability insurance for state and local police officers who participate in federal immigration enforcement, according to a planning document released Friday.

The agency is considering a program that would reimburse officers up to $250 per year for policies covering up to $500,000 in personal liability, which typically funds legal fees, settlements, and judgments. The plan is part of a broader effort to expand its 287(g) partnerships with local departments, which have grown sharply since President Donald Trump returned to office.

ICE has asked for industry feedback by Thursday. The timeline for launching the program and its estimated cost have not been disclosed. The agency declined to comment on the proposal.

The initiative appears designed to address a key hurdle for local agencies: the risk of civil liability. Standard municipal insurance policies often exclude proactive immigration enforcement, leaving officers personally exposed to lawsuits alleging excessive force, wrongful arrest, or illegal search and seizure. Pennsylvania's risk pool, for example, recently announced it would not cover such activities, prompting several counties to seek alternative coverage.

Butler County Sheriff Michael Slupe said he secured coverage for his 13 participating deputies at an annual premium of $20,000, funded by federal dollars. "I want to make sure the guys are additionally covered, so we had to spend the money," he said.

Federal officers typically enjoy legal immunities and government-funded defense in lawsuits, but those protections do not always extend to local officers. While civil suits are the primary concern, professional liability insurance also helps cover legal fees in criminal investigations.

The proposal has drawn criticism. David Bier, director of immigration studies at the Cato Institute, said the program could shield officers from accountability for misconduct. "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," he said.

Justin Smith, executive director of the National Sheriffs' Association, welcomed the plan, noting that some sheriffs have been reluctant to join partnerships due to liability concerns. "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 said.

ICE agreements currently state that local officers performing authorized functions are "acting under color of federal authority," which can bar lawsuits against individuals. They also allow officers to request Justice Department representation, though the final decision rests with DOJ.

Nearly 1,600 agencies across 32 states now participate in ICE's task force model. Arrests through these programs averaged 3,000 per month in early 2026, compared to 250 monthly in 2024.