After recent detentions by Immigration Customs and Enforcement in the Corpus Christi area, community members have questioned the involvement of local law enforcement as well as whether undocumented immigrants are receiving due process.
In one incident, a Robstown police officer violated operating procedures in assisting ICE with apprehending a local woman at her workplace in late June, according to Police Chief Mike Tamez.
Though ICE is a federal agency and may act independently, Texas sheriffs and other law enforcement agencies can partner with immigration authorities through the 287(g) program.
What is 287(g)?
A 287(g) program is named after the 287(g)(1) of the Immigration and Nationality Act, which authorizes ICE to delegate to local and state law enforcement officers the authority to perform specified immigration officer functions under the agency’s direction and supervision.
How does local law enforcement work with ICE?
Under a law that took effect in 2025, almost all Texas sheriffs who operate a county jail were mandated to enter a 287(g) agreement.
The bill also established a grant program to cover the costs of an agreement. The amount awarded to a sheriff is determined by the population of a county served.
Any law enforcement agency can enter a 287(g) agreement, but only Texas sheriffs are mandated by law to do so. A memorandum of agreement must be signed between the two agencies to participate.
The Nueces County Sheriff’s Office entered a 287(g) agreement with ICE in 2017 and uses the Jail Enforcement Model.
There are three types of agreement models:
The Jail Enforcement Model does not authorize officers to question victims or witnesses of a crime about their immigration status. However, the Task Force Model does allow for officers trained by ICE to interrogate anyone about their right to be in the country.
Nueces County Sheriff J.C Hooper said he is responsible for nominating “dedicated immigration officers” within the sheriff’s office to receive ICE training fully funded by ICE.
The Nueces County Jail has two authorized dedicated immigration officers and, as of July 17, had 10 incarcerated undocumented immigrants in custody with immigration detainers.
An immigration detainer is a request by ICE for state or local law enforcement to hold an undocumented immigrant in custody for up to 48 hours so that ICE can take the person into its custody. The state or local agency must release the person from custody if ICE has not picked up the person within 48 hours.
Hooper said ICE has always taken custody of people held at the Nueces County Jail within that time frame.
In general, the county jail processes 30 to 40 people each day from various law enforcement agencies, according to Hooper.
“When you get booked into the county jail on a state criminal charge, it only makes sense that you check for other federal warrants or federal investigations involving a person, not just the Texas Crime Information Center, National Crime Information Center, but also the immigration database,” he said.
“If I did not check them through that federal database, then I would be fostering a sanctuary city and a sanctuary county where people would know from all over the world that you’re not going to get detained or taken into custody in Nueces County if you violated a federal law, like a federal immigration law,” Hooper said.
Hooper previously told the Caller-Times that the county does not use the Task Force Model because of proximity of the Customs and Border Protection field office by the Corpus Christi International Airport. As for the Warrant Service Officer Program, he said that’s for officers executing administrative warrants and Hooper said his staff only serves criminal warrants.
Which law enforcement offices in Nueces County have 287(g) agreements?
Nueces County has five constables and two cities participating in 287(g) agreements, all of which use the Task Force Model:
Debra Rodriguez, an immigration attorney in Corpus Christi, said that local law enforcement has prioritized “safety of the people first” in regard to officers who have limited immigration authority, but community members may be hesitant to report a crime.
“What if you have a rape victim or an assault victim who is undocumented — are they going to feel safe walking into the police station to report this crime?” she said.
“I can understand why the people are afraid to report, to be a witness, to testify. They’re afraid they’re going to get turned in because it’s happening with simple traffic stops.”
What happens if an undocumented immigrant is detained by ICE?
If a person is detained by ICE, they could be transported to Customs and Border Protection or the Coastal Bend Detention Center. To locate a person who has been detained, you can visit locator.ice.gov and enter the “Alien Registration Number” assigned by ICE or enter a date of birth, full name and country of origin.
Rodriguez says it may be difficult to quickly locate a person who has been detained.
“Now, the frustrating part is if my person’s picked up on a Monday, they might not be in the system for two or three days,” she said.
“And if they’re at, for example, by the airport, we have CBP there and if you don’t know where they are, they’re not necessarily allowed a phone call.”
Rodriguez said that anyone at risk of being detained by ICE should make arrangements ahead of time by gathering important documents and establishing a relationship with an attorney.
On July 10, the 5th U.S. Circuit Court of Appeals vacated a July 2 ruling in Sosnava Rodriguez v. Ortega that required detained undocumented immigrants to receive a bond hearing within 90 days. The case will be reheard en banc, or in full court, in September.
Can ICE perform a traffic stop?
Per 287(g) agreements, police agencies that are actively participating in the Task Force Model can perform traffic stops and relay information to ICE.
“Legally, ICE agents can’t just pull over any car they want,” Rodriguez said.
Without a warrant, ICE agents have to maintain reasonable suspicion of someone’s lawful status.
“What happens more often in our area is they’re pulled over by the police for an infraction,” Rodriguez said. “And then as soon as the police officer identifies them as someone that is here without permission, they call ICE.”
Does a person in an ICE detention facility have the right to medical treatment?
An initial medical assessment should take place within 12 hours of detention. A more extensive medical assessment could take place within two weeks of detaining.
Proving that a person is taking prescribed medication may be difficult if the person does not have a prescription on hand at the time of arrest or a prescription supply on their person.
“If you don’t have [medications] and you don’t have any proof that you need [medications] and you don’t have any doctor’s orders, I think that’s where the problem really comes in,” Rodriguez said. “Documentation matters in this type of situation.”
Can a deported person without a criminal conviction reenter the U.S.?
A qualifying relative of the deported person can submit an I-30 Petition for Alien Relative with U.S. Citizenship and Immigration Services for permanent stay in the U.S.
The qualifications may be:
Under the Immigration and Nationality Act, there are inadmissibility grounds that may prevent someone who has been unlawfully present in the U.S. from reentering.
Under 212(a)(9)(b), if a person has an unlawful presence of more than 180 days but less than a year during a single stay, they may not seek readmission to the U.S. within three years after departure.
Under 212(a)(9)(c), if a person has an unlawful presence of more than a year, then leaves the U.S. and enters or attempts to enter the U.S. once again, they may not seek admission to the U.S. within 10 years after departure.
Rodriguez says the application for readmission has changed over the years and now may be a lengthy process.
“What might have happened in April of 2025 is not possible now. What would happen in January of 2026 is not possible now,” she said.
“Things are changing all the time, so there’s no great answer. If everything was fine and they had only been here for two months without permission and left, you could probably bring them back within a two-year period.”
Felicity Guajardo covers breaking news and public safety. Contact her at felicity.guajardo@caller.com.
This article originally appeared on Corpus Christi Caller Times: Are South Texas police working with ICE? A guide to 287(g) agreements
Reporting by Felicity Guajardo, Corpus Christi Caller Times / Corpus Christi Caller Times
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By Felicity Guajardo, Corpus Christi Caller Times | USA TODAY Network
