GOP-Led States Surrender Power by Cooperating with ICE

Expanding federal authority over local police undermines state control and accountability.

Apr. 1, 2026 at 9:03am

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A growing number of Republican-led states are signing agreements to allow state and local police to work with federal Immigration and Customs Enforcement (ICE) agents, a move that critics say surrenders state sovereignty and reduces accountability for law enforcement misconduct.

Why it matters

These state-federal partnerships undermine core principles of federalism by elevating federal authority over state control of local police. This can shield officers from state laws and accountability, even when they violate the rights of citizens.

The details

Under these agreements, known as 287(g) or task force arrangements, state and local police are granted federal immigration enforcement powers. This means their actions taken under federal authority are beyond the reach of state laws and policies, even if they contradict state training or instructions. As a result, officers may prioritize federal directives over their duty to protect local residents.

  • In recent years, the federal government has dramatically expanded these cooperative policing agreements, now covering about 1,500 agreements across 40 states.
  • High-profile incidents, such as the killings of Alex Pretti and Renee Good in Minneapolis, have raised concerns about unaccountable federal law enforcement behavior.

The players

Caleb O. Brown

CEO of the Bluegrass Institute, an organization that works to push back against federal overreach and preserve state authority.

Patrick Jaicomo

Senior attorney at the Institute for Justice and leader of its Project on Immunity and Accountability, representing individuals who have faced abuse by federally deputized local police.

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What they’re saying

“Once state officers are imbued with federal authority, the actions they take in the name of that authority are effectively elevated beyond the reach of state law and policy.”

— Caleb O. Brown, CEO, Bluegrass Institute

“For local and state police agencies, the challenge that these compelled partnerships present is more practical. When federal agents violate the rights of Americans, the local cops who have partnered with the feds may lack a strong incentive to act in accordance with state laws they've sworn to uphold.”

— Patrick Jaicomo, Senior Attorney, Institute for Justice

What’s next

As more Republican-led states consider mandating partnerships between local police and federal immigration authorities, legal experts warn that states should carefully weigh the risks of surrendering control over their own law enforcement agencies.

The takeaway

By signing over policing authority to the federal government, Republican-led states are undermining core principles of federalism and creating the potential for unaccountable law enforcement that prioritizes federal directives over the rights and safety of local residents.