ICE Tells Texas Sheriffs They Cannot Release 287(g) Data on Their Own

Every Texas sheriff in the federal 287(g) program has been told they cannot release data about the program on their own. The 287(g) program deputizes sheriff’s deputies to enforce federal immigration law. An April 21 email from ICE’s 287(g) main office reached every participating agency in the country and reasserted federal control over how 287(g) numbers, calculations, and statistics can be disclosed.

The directive arrives at a moment when records obtained by the Texas Border Examiner show ICE made 16,033 immigration arrests in Texas during the first two months of 2026. Of those, 907 came through the 287(g) program. Texas sheriffs cannot now release that figure for their own jurisdictions without ICE approval.

The email cites the 287(g) Memorandum of Agreement that every participating sheriff signs. The MOA states that “Information obtained or developed as a result of this MOA, including any documents created by the LEA that contain information developed or obtained as a result of this MOA, is under the control of ICE.” The email asserts that this language covers “all Personally Identifiable Information (PII) or 287(g) numbers, calculations, or statistics obtained by your agency.” Sheriffs may release such information only through federal law, regulation, executive order, or court order.

The restriction reaches press conferences, press releases, media ride-alongs, social media posts, and FOIA responses.

“This prohibition on your agency’s unilateral release of ICE information is expansive and should guide your agency’s actions,” the email states.

Texas sheriff’s offices that receive open-records requests under the Texas Public Information Act must contact ICE’s FOIA office, ICE Public Affairs, or the local Field Office Director before releasing any materials. The email also warns recipients that no portion of the communication “should be furnished to the media, either in written or verbal form.”

The “under the control of ICE” language is not new. It has appeared in the standard 287(g) Memorandum of Agreement for years and applies across all three program models, including Jail Enforcement, Task Force, and Warrant Service Officer. What the April email adds is an explicit assertion that this restriction reaches numerical data, including statistics that Texas sheriffs have been citing in public statements about local enforcement.

Where the language has been tested in court, it has not held. In a March report, Bolts documented a case in which the Massachusetts Department of Correction cited the same “under the control of ICE” clause to deny a public-records request for 287(g) transfer data. The Massachusetts supervisor of records ruled the denial improper, and the Department of Correction released the records.

In Texas, Senate Bill 8 requires sheriffs in counties with populations over 100,000 that operate a jail to request a 287(g) agreement with ICE. The law took effect January 1, 2026. Full compliance is required by December 1, 2026. The Texas Attorney General can sue any sheriff who fails to comply.

According to Texas Policy Research, Texas had 299 active 287(g) agreements covering 241 agencies in 186 counties as of February 2026. Of those, 135 are Warrant Service Officer agreements, 117 are Task Force Model agreements, and 47 are Jail Enforcement Model agreements. The Texas Attorney General’s own office signed a Task Force Model agreement in February 2025.

Texas taxpayers fund this participation. SB 8 created a state grant program administered by the Texas Comptroller. Grants run from $80,000 for counties under 100,000 residents to $140,000 for counties over one million. The state’s Legislative Budget Board projected SB 8 would cost General Revenue $1.4 million for the biennium ending August 31, 2027.

The 16,033 arrests come from ICE administrative arrest records released to the Deportation Data Project under a FOIA settlement. The records cover January 1 through February 28, 2026. Of those arrests, 907, or 5.7 percent, came through 287(g). The San Antonio field office accounted for most of that activity. Partner arrests made up 14.3 percent of the office’s 3,980 arrests during the period. In Harlingen, 287(g) accounted for less than 1 percent of 3,782 arrests.

The same records show that 48 percent of those ICE arrested in Texas during the two-month period had no criminal conviction or pending charges. In Harlingen, the share reached 63.5 percent. The figures come from ICE directly, not from any Texas sheriff’s office.

The April 21 email does not apply to ICE itself. The agency continues to release its own FOIA disclosures. The directive does not override the Deportation Data Project’s court settlement, and it does not affect PACER court records or Department of Justice press releases. The restriction applies to the Texas sheriffs who have publicly cited their 287(g) numbers. A Texas sheriff who wants to release booking counts, program outcomes, or year-over-year figures must now seek ICE approval first, even as state law obligates that sheriff to be in the program and Texas taxpayers cover the cost of participation.