What Effect Would Senate Bill 8 Have on Deportations?

 Posted on March 21, 2025 in Immigration

Last week, proposed Texas Senate Bill 8 garnered both support and very vocal opposition. If SB8 passes, it would require cooperation and collaboration between county sheriff’s departments across the state and Immigration and Customs Enforcement (ICE) as they work to locate and deport undocumented immigrants. SB8 would require larger sheriff’s departments – in counties with more than 100,000 residents – to accept these ICE partnerships.

Under the Senate Bill, some funds would be available for smaller counties. Since virtually everything related to immigration and deportation is currently in flux, speaking to an experienced Plano, TX immigration attorney can be beneficial if you have questions about your immigration status or need assistance with any immigration issue.  

What Are the Models for These 287(g) Agreements?

ICE has proposed various "models" for these agreements. Local jails would deputize officers who would then be able to interrogate inmates regarding their immigration status and serve administrative warrants. Outside of the office, officers would ask anyone they believed might be an undocumented immigrant about his or her status.

Many have alleged that the program recently revived by the current administration involves racial profiling. As of early March, 43 Texas law enforcement agencies had already signed these 287(g) agreements. Forty of these were only for the jail programs. Should SB 8 pass, many sheriff’s departments worry about the added financial strain that it would bring.

One sheriff said his department supported SB8, but many others objected to being forced to enter into ICE agreements, citing the extra responsibilities would cost money they simply did not have. Officers would be required to travel to the East Coast for several weeks for training, which would have an adverse staffing impact on the departments, particularly the smaller ones.

Strong Borders, a Texas anti-immigration group, is vocal about wanting every law enforcement agency across the state to be required to sign agreements with ICE without restricting it to sheriff’s departments. Another group, Every Texan, believes there are significant problems with requiring individual law enforcement agencies to bear the costs of SB8, while yet other groups believe SB8 should be limited only to the jail programs. Training is an issue that would have to be addressed, along with the additional costs to each law enforcement agency.

Administration Drops Challenge to Texas Law Targeting Illegal Border Crossing

A prior bill, Senate Bill 4, will continue to see challenges by El Paso County and two groups for immigrant rights even though the current federal administration has dropped the challenges aimed at SB4. The Bill allows local Texas law enforcement to arrest anyone they suspect may have crossed the border into Texas illegally.

The challengers to the SB4 remain staunch in their opposition, saying it creates an unconstitutional process because law enforcement officers can charge an individual with "illegal entry," which is a new state law and is punishable by up to six months in jail. A person who was previously denied admission to the United States or who was deported – even if they were unlawfully deported – could spend 10-20 years in jail if charged with "illegal re-entry."

SB4 also allows judges who have no training in immigration law and even less authority to enforce it to order the deportation of individuals. Those who fail to leave could then be charged with another new crime of "refusing to comply with a deportation order," which is punishable by 2-20 years in prison. Like SB8, SB4 places those traveling in the state at a much higher risk of racial profiling and over-policing.

Contact a Dallas, TX Immigration Lawyer

If you have been targeted for deportation, are waiting on a visa or green card, or have any other immigration issues, you could benefit from speaking to a Plano, TX immigration attorney from Law Office of Jae Lee. Attorney Lee works with his clients one-on-one, directly or remotely. Attorney Lee witnessed his parents going through the immigration process and is passionate about helping immigrants. Call 214-295-3014 to schedule your free consultation.