Some local, state law enforcement to be deputized as immigration agents
The expansion of an existing federal program could turn some local and state agencies into an immigration task force.
The job of enforcing immigration laws has typically been the responsibility of federal law enforcement agencies. However, since 1996 state and local law enforcement agencies like police departments and sheriff's offices have been able to partner with the Department of Homeland security to conduct some of those immigration enforcement duties through a voluntary program called 287(g).
The program gives deputies or officers with state and local departments the authority to enforce some immigration enforcement efforts within local jails.
For example, some of those functions would include detaining inmates in the country illegally and arrested and charged on an unrelated crime. They would also be allowed to access Immigration and Custom's Enforcement, or ICE's database, and work hand in hand with ICE to transfer custody of someone living in the U.S. illegally from local authorities to ICE's authority.
This is known as the "Jail Model" enforcement and is currently what the Tarrant County Sheriff's office is enrolled in. Denton County has applied for it, but hasn't been given the green light yet.
As of February, a quiet move from ICE has now expanded 287(g) to allow for an additional model of enforcement extending the authority to conduct immigration enforcement to the streets, effectively working as a force multiplier for ICE.
In Texas, the Attorney General's Office and two other county sheriff's offices have also signed up for this model.
Smith County in Tyler, and Goliad County south of San Antonio are the first two sheriff's offices to sign up and volunteer for what is known as the "Task Force" model of 287(g).
CBS News Texas spoke to both Goliad County Sheriff Roy Boyd, and Smith County Sheriff Larry Smith about the move.
Sheriff Boyd said, "With these authorities, now the local law enforcement will be able to detain that person and take them to the local jail for processing, for eventual transfer into an ICE facility. So, I don't think what you're going to see in these small counties is, is local law enforcement going out conducting raids"
Sheriff Boyd added this would be an extra tool for his deputies in situation like a traffic stop where a person is suspected of being in the country illegally.
Sheriff Smith clarified how he sees the implementation of the program in his county. He said, "Well, we're not going to ask the questions. We're not going to profile. We're not going to ask questions unless we have an offense that has occurred that we're able to show there's an offense as occurred."
It's important to point out that the "Task Force" model is not new.
It used to be in place, but was scrapped in 2012 following two Department of Justice investigations that found cases of discriminatory policing by two counties enrolled in the program.
Critics of the "Task Force model" have also said this level of enforcement by local authorities will further damage relationships between local agencies and the immigrant communities they serve who are already feeling on edge over fear of deportations.
When asked about that concern Sheriff Boyd responded, "That is something that in some places it's used as an excuse, to be quite honest with you, those folks have already broken the law. They're living here illegally. And if we're not going to enforce our immigration laws, then what's what's the point in having laws?"
The "Task Force" model required additional training of the officers or deputies that will be participating, and so far it still hasn't taken place in either Goliad or Smith County.
Both sheriff's say they are hoping the training will happen soon so that can start the operations in support of ICE and President Trump's orders to speed up deportations of those living in the U.S. Illegally.
See the chart below to see which Texas agencies are either currently enrolled or have applications pending in the 287(g) program.
