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How State Police Cooperation With ICE Differs From Local Sanctuary Policies

State police cooperation with ICE and local sanctuary policies govern different agencies. Here’s how to distinguish them, and what to check in a specific jurisdiction.
Length4 min Posted Quest giverVGSources Team
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State police cooperation with U.S. Immigration and Customs Enforcement (ICE) and a city or county sanctuary policy are decisions made at different levels of government. A state may authorize or direct its own agencies to assist ICE while a local rule limits what that city or county’s agencies do. Whether those policies can coexist—and what they mean in practice—depends on the specific agencies and rules involved.

What is the difference?

State police cooperation concerns what a state’s laws, executive direction, agency policies, or formal federal partnerships authorize or require state agencies to do. A local sanctuary policy concerns the limits a particular city or county places on assistance by its own agencies for certain federal immigration-enforcement activities. Neither label, by itself, establishes what every law-enforcement agency in that jurisdiction does.

“Sanctuary” is not a single statutory category with one nationwide definition. The Congressional Research Service (CRS) describes the variety of policies and legal context in its legal overview dated September 15, 2025 and its policy overview updated March 4, 2025. The practical question is what a particular rule says, which agencies it covers, and whether it requires, permits, or restricts a specific action.

What does a sanctuary policy actually stop local police from doing?

There is no universal answer: it depends on the text of the local ordinance, executive directive, or department policy. Policies may restrict arrests based solely on alleged civil immigration violations or limit certain information sharing. That does not necessarily mean local officers cannot cooperate with ICE in any circumstances; the policy may distinguish among types of requests or provide exceptions, such as for criminal investigations.

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To understand a local policy, check its covered agencies, the actions it addresses, and any exceptions. A rule affecting a sheriff’s office, for example, should not automatically be assumed to govern a separate city police department. CRS’s overview discusses common mechanisms, but the policy text for the place at issue determines its actual scope.

Can state police cooperate with ICE while a city has a sanctuary policy?

Yes, those policies can coexist because they govern different agencies and levels of government. But that general distinction does not establish that a particular state police force cooperates with ICE or that a particular city’s policy permits or prohibits a specific action. To answer for a location, identify the state rules and police policy, the city or county rule and agencies it covers, and any applicable federal partnership.

How does a 287(g) agreement differ from other cooperation?

A 287(g) agreement is a formal delegation of specified immigration-officer functions to selected state or local officers, under ICE direction and supervision. ICE explains that authority on its 287(g) program page. It is more specific than ordinary communication or other assistance: an agency’s cooperation with ICE does not, by itself, show that its officers have received this delegated authority.

What are ICE detainers, and how do local rules apply?

ICE describes detainers in the context of people already in state, local, or tribal custody. A detainer is a request concerning someone held by another law-enforcement agency; it should not be treated as if every detainer were a judicial warrant. ICE provides information about detainers on its detainers page.

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Whether and how an agency responds depends on the relevant jurisdiction’s rules and the circumstances. A local policy may address detainers separately from other information-sharing or cooperation requests, so check the actual text rather than assuming that all local agencies respond alike.

What does a DOJ “sanctuary jurisdiction” designation mean?

The Department of Justice’s sanctuary-jurisdiction page states DOJ’s designation criteria and enforcement position. That is an agency designation, not a nationwide statutory definition of “sanctuary.” Attribute the label to DOJ when discussing its list; do not treat inclusion as a complete description of every policy or practice in a jurisdiction.

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How to compare policies in a specific place

For a reliable comparison, identify the rules and agencies rather than relying on labels. Check the current text and status of each rule, since policies and agreements can change.

  1. Identify the agencies. Separate state police and other state agencies from county sheriffs, city police, and other local departments.
  2. Find the governing rules. Review the state statute, executive direction, and agency policy, alongside the relevant local ordinance, directive, or department policy.
  3. Check the action covered. Determine whether each rule concerns information sharing, custody notifications, detainers, arrests, or another form of assistance.
  4. Look for formal delegation. Verify whether the relevant agency or officers have a 287(g) agreement; do not infer one from general cooperation.
  5. Read exceptions and limits. Note which agencies and situations are covered, including any exceptions for criminal investigations.
  6. Confirm current status. Check dates, amendments, agreement status, and relevant court rulings before describing a policy as current.

The general framework does not establish the current rules of any unnamed state, city, or county. A jurisdiction-specific answer requires checking that place’s current laws and policy documents.

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