Breaking News
National News

ICE pitches legal insurance to help shield local officers who make immigration arrests

Daily Briefing - Nation

9 min read

U.S. Immigration and Customs Enforcement is pitching a plan to help shield local police officers who make immigration arrests from possible financial consequences if they are accused of on-duty misconduct.

The agency is proposing to subsidize liability insurance for state and local officers who are trained and deputized to enforce federal immigration laws, according to a planning document published Friday.

ICE's partnerships with local departments have soared since President Donald Trump returned to the White House last year and may get an additional boost with liability insurance by removing a hurdle that has made some local police departments reluctant to join. The Associated Press is the first to report on this insurance proposal.

Under the plan, officers would purchase insurance covering up to $500,000 in personal liability, which typically funds legal fees, settlements and judgments. Officers would be reimbursed up to $250 annually -- roughly what the insurance is expected to cost.

One prominent critic of ICE's immigration crackdown said the program would be yet another way for officers to avoid personal 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 while helping ICE arrest people," said David Bier, director of immigration studies at the Cato Institute, who has called on Congress to make it easier to sue ICE agents for wrongdoing.

ICE outlined the plan in a document informing industry officials that it is considering hiring a contractor to help provide outreach, training and communications support for its so-called 287(g) partnerships with local departments, which are named for a section of a 1996 immigration law. The contractor would hire the insurance vendor and process the reimbursements, among other tasks.

ICE has asked for industry feedback by Thursday. The proposed timeline for launching the program and its estimated cost are unclear.

ICE had no immediate comment on the plan.

Arrests by ICE's local partners have spiked since last year

During Trump's second term, ICE has offered generous financial incentives to participating local agencies, increasing the number who have partnered with the federal government, as well as the number of arrests.

Nearly 1,600 agencies in 32 states now have agreements to participate in ICE's task force model, in which trained local officers can interrogate, arrest and charge people suspected of being in the country illegally, according to ICE data.

Departments qualify for funding to help cover expenses like their officers' pay, equipment and vehicles. With encouragement from state and local Republican officials, agencies in Florida, Texas, Oklahoma and Georgia have been among the leaders.

Arrests made through such programs jumped to an average of 3,000 per month in the first two months of 2026, according to the most recent ICE data provided to the University of California Berkeley's Deportation Data Project. That compares to a monthly average of 250 in 2024 under President Joe Biden.

Local departments, officers worried about liability for ICE work

As local officers increasingly carry out federal immigration work, they and their departments have expressed concerns about the civil liability that could result from claims alleging excessive use of force, wrongful arrest and illegal search and seizure, among other things.

That's because insurance policies that cover their local work may not apply. Pennsylvania's risk pool, for instance, recently made clear that it would exclude "proactive immigration enforcement activities" from coverage, forcing several participating counties to search for other insurance options.

Butler County Sheriff Michael Slupe said he found insurance to cover his 13 deputies participating in the program at a cost of $20,000 in annual premiums.

"I want to make sure the guys are additionally covered, so we had to spend the money," he said, adding that federal funding would cover the cost.

Federal officers usually enjoy legal immunities and a government-funded defense when they face lawsuits. But those protections may not always apply to local officers, which has heightened their concerns over liability and the need for insurance.

While civil lawsuits are the main concern, professional liability insurance typically helps cover legal fees for officers facing criminal investigations as well.

Sheriffs' group says ICE's insurance idea sounds promising

Justin Smith, a former Colorado sheriff who is executive director of the National Sheriffs' Association, said ICE's plan sounds promising and that he was anxious to speak with ICE about how the plan would work.

Smith said he has shared concerns with ICE that some sheriffs are reluctant to join the partnerships because of the potential liability at a time when immigration enforcement faces intense public protests and media scrutiny. Smith said others who are partnering with ICE have already started facing legal claims tied to their immigration work, which can be costly whether or not deputies are ultimately found to have done anything wrong.

"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. "They're recognizing that it is a different environment. And I think trying to be good partners with us as best they can."

Under their agreements, ICE warns local departments that they are responsible for the costs of incidents that give rise to liability. But it seeks to reduce the risk by saying local officers performing ICE-authorized functions are "acting under color of federal authority," which would bar lawsuits against individual officers.

The agreements also state that local officers who face civil lawsuits can ask the U.S. Department of Justice to represent them, and that ICE will generally support their requests. But the final decision on whether to do so rests with DOJ.

Justice Department creates a new pathway to restore gun rights for some convicted of felonies

WASHINGTON -- The Justice Department finalized a rule Monday that will pave the way for people who've been barred from owning firearms because of criminal convictions to apply to have their gun rights reinstated.

The process launched by newly confirmed Attorney General Todd Blanche is a victory for Second Amendment advocates who have long pushed for nonviolent people with felony convictions to be given a pathway to regain their legal right to own firearms.

"The Second Amendment is not a second-class right, and the federal government should not permanently deprive Americans of a constitutional right without regard to whether they pose a danger to public safety," Blanche said in a statement. The attorney general said the new process will protect "public safety while giving deserving Americans a real path to restoration."

It's the latest move by President Donald Trump's administration to ease firearms restrictions. The Justice Department moved earlier this year to roll back and modify a slate of gun regulations. Separately, the department recently decided against challenging a court ruling that struck down regulations on firearm suppressors and certain guns.

Federal law has long allowed people who've had their gun rights stripped because of felony convictions to petition the government for the ability to own firearms again, but Congress since 1992 has effectively barred the federal Bureau of Alcohol, Tobacco, Firearms and Explosives from processing applications.

The Trump administration's rule aims to circumvent that by establishing a new application system using an online portal.

The Justice Department says restoration will be granted on a case-by-case basis, weighing a person's record and reputation to determine whether they pose a likely threat to public safety. Officials say people who have been convicted of violent crimes, registered sex offenders, people living in the country illegally and others whom officials believe pose a danger to society will be denied "absent extraordinary circumstances."

Kris Brown, the president of Brady, which advocates for stronger gun laws, said her group is still reviewing the administration's final rule but has stressed the need for a "robust and thoughtful system that minimizes the risk to public safety."

"Yet the Trump administration has consistently shown us they have no such discretion, including by restoring gun rights to convicted domestic abusers and violent January 6 insurrectionists, and by tirelessly rolling back broad policies proven to prevent crime and gun violence," Brown said in a statement.

Thousands without power after Tropical Storm Lala uproots trees in Hawaii

HONOLULU -- Thousands were without power Monday after Tropical Storm Lala uprooted trees from downtown Honolulu to the Big Island, where intense flash-flooding isolated already-remote communities.

Lala weakened from a hurricane to a tropical storm Sunday after lashing the state without making landfall. Intense rainfall and flooding caused a muddy mess as the storm moved past Hawaii's main islands.

The storm was projected to continue moving westward and was forecast to become a hurricane again at sea and far from land by Wednesday.

Public schools statewide, some private schools and state offices were closed Monday. Cleanup efforts began in earnest with crews repairing bridges. Drivers were urged to use alternate routes.

The Hawaiian Electric utility said about 117,300 customers were without power as of Monday morning after the passing storm's strong winds took down trees, utility poles and transmission towers. The Big Island's power transmission system suffered "extensive damage," the utility said.

The 911 emergency service number was temporarily out of service on the Big Island because hurricane impacts were affecting radio and telephone communications, the Hawaii Police Department said, but was back up by the afternoon with a few disruptions.

Officials advised people to stay out of the ocean anywhere water appears brown or murky.

There were no coastal watches or warnings in effect for Hawaii on Monday, but life-threatening surf and rip current conditions remained, according to the National Hurricane Center. Saturation caused by heavy rainfall could still cause some landslides, but winds were no longer a threat, National Weather Service meteorologist Patrick Blood said.

"There's no real looming hazards that we're facing now," he said. "Lala's off to the west."

No one is believed to have died when some 100 homes were swept from their foundations and washed away on the Big Island, authorities said.

Laupahoehoe, on the northeast coast of the Big Island, saw the heaviest recorded rainfall at 43.54 inches (1.1 meters). The highest winds were atop the towering Mauna Kea volcano, where gusts hit 140 mph (225 kph). At the lower elevations, residents all across the island chain experienced tropical storm force winds of 30 to 40 mph (48 to 64 kph) with gusts up to 60 mph (97 kph), Blood said.

Federal officials have pledged recovery help. U.S. Sen. Brian Schatz said Monday he spoke with Transportation Secretary Sean Duffy about federal support and urged him to approve a forthcoming request for emergency funding to help clear debris and repair damaged roads and highways.

Starting at /week.