RGV Counties Forced Into 287(g) Under State Mandate

The Rio Grande Valley just lost control over immigration enforcement in its own backyard. Hidalgo County confirmed full participation in the federal 287(g) program, not because officials chose cooperation but because Texas Senate Bill 8 gave them no alternative.

The state law took effect January 1, 2026, requiring counties with populations over 100,000 to partner with ICE through 287(g) agreements. Hidalgo County already worked with federal agencies before the mandate, but SB 8 made that cooperation legally mandatory with consequences for anyone who refused. The requirement applies to all Rio Grande Valley counties meeting the population threshold, along with dozens of other large counties across Texas.

County officials confirmed the agreement allows ICE to operate inside the county jail. The Sheriff's Office maintains it doesn't directly enforce immigration laws but has agreements that let the federal agency carry out its responsibilities. Officials have not made public statements about the specifics of their participation or how the program will affect daily operations.

SB 8 forced compliance through threats of lawsuits from the Texas Attorney General. Governor Greg Abbott's administration backed county officials into a corner, eliminating any local control sheriffs previously had over their relationships with federal immigration enforcement. The state Legislature effectively removed the ability of border counties throughout the Valley to set their own policies on immigration cooperation, treating local autonomy as an obstacle rather than a feature of governance.

Hidalgo County flipped from Democratic to Republican control in 2024, part of a broader political shift across South Texas. The predominantly Latino communities throughout the Rio Grande Valley have grown increasingly tolerant of immigration enforcement after years of heated rhetoric and escalating policies. Residents now accept measures that previous generations fought against. The shift from resistance to acceptance marks a dramatic change in how Valley Latinos respond to federal immigration policy. What once sparked organized opposition now barely registers as a concern for many residents who have normalized aggressive enforcement as part of daily life along the border.

The 287(g) program gets its name from Section 287(g) of the Immigration and Nationality Act, passed in 1996 as part of the Illegal Immigration Reform and Immigrant Responsibility Act. The law deputizes local officers to perform federal immigration enforcement work under Department of Homeland Security supervision. The program remained relatively small for years before expanding significantly during various presidential administrations.

ICE runs three models under 287(g). The Task Force Model gives local officers immigration enforcement authority during regular patrols and ICE operations. Officers can check immigration status during traffic stops and service calls, bringing immigration enforcement into routine police work. The Warrant Service Officer program trains local officers to execute ICE administrative warrants on people in custody. Hidalgo County joined the warrant service officer program specifically, according to county agenda documents. The Jail Enforcement Model operates only inside county jails, where officers screen inmates for immigration violations and coordinate transfers to ICE custody.

More than 70 law enforcement agencies nationwide participate in 287(g), according to ICE documentation. Hidalgo County joins other Rio Grande Valley counties and large Texas jurisdictions like Tarrant, Collin, and Galveston in complying with SB 8 requirements. The participating agencies span multiple states, though Texas counties make up a significant portion of the total. Border counties and urban centers alike now operate under the same state mandate.

SB 8 eliminated local discretion entirely. Sheriffs must maintain these agreements once established, and those who refuse face lawsuits from the Texas Attorney General. The enforcement mechanism gives the state direct legal authority to compel compliance from county officials who might otherwise resist participating in federal immigration enforcement.

Research from the University of Illinois at Chicago and the Immigrant Legal Resource Center shows crime reporting drops in immigrant communities when local police take on immigration enforcement roles. Studies find immigrants become less willing to report crimes, testify as witnesses, or seek emergency help. The effect extends beyond undocumented residents to entire communities who fear any police interaction could trigger immigration consequences for themselves or family members.

It is known that programs like 287(g) enable racial profiling. Immigration checks depend on officer discretion during stops that might not meet the probable cause standards required for criminal investigations. Advocacy groups have challenged similar programs in court, citing Fourth Amendment violations and discriminatory enforcement that disproportionately affects Latino communities. Legal challenges have produced mixed results in federal courts.

Local taxpayers fund 287(g) implementation, including officer training, ICE coordination, jail modifications, and administrative processing. Counties must meet federal standards that add complexity to jail operations. The costs include both direct expenses for program participation and indirect costs from decreased community cooperation with law enforcement.

The 287(g) agreement locks counties across Texas into a role they cannot escape without facing state prosecution. Local control over immigration enforcement no longer exists. Counties either comply with federal partnerships or answer to the Attorney General. What border communities throughout the Rio Grande Valley once controlled locally now operates under state mandate, leaving sheriffs to administer policies they have no power to reject.

@Santitos

@salinasmariasantos

Copyright © 2026 Maria Santos Salinas for FRONTeras.