State police cooperation with U.S. Immigration and Customs Enforcement (ICE) is set by state laws, executive direction, agency policy, or formal federal agreements. A local sanctuary policy is a separate city or county rule that may limit how local agencies assist with some immigration-enforcement activities. The two can coexist; neither label alone tells you what officers may or must do.
Why state cooperation and local sanctuary policies are different
State police and city or county police operate under different authorities. To understand a particular place, identify the state rules governing state agencies and the separate ordinance, directive, or department policy governing each local agency. A state police policy does not, by itself, establish what a city or county department does.
“Sanctuary” has no single nationwide legal definition. The Congressional Research Service (CRS) describes the term as a policy label rather than a category defined in law. The scope depends on the text and legal status of the specific policy. See the CRS policy overview, updated March 4, 2025, and its legal overview, dated September 15, 2025.
What forms of cooperation can involve state or local police?
State laws, executive direction, and agency policy
A state may authorize or require its own agencies to take particular actions, while an agency may also have its own procedures. Whether a statewide rule reaches local agencies depends on that rule’s text and legal effect; it should not be assumed from a state police practice.
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Formal 287(g) delegation
A 287(g) agreement is a specific form of cooperation, not a synonym for all communication or assistance between police and ICE. ICE says the program lets it delegate specified immigration-officer functions to selected state or local officers under ICE direction and supervision. The ICE 287(g) program page describes the program; agreement status and scope should be checked for the agency and date in question.
Detainers and custody requests
ICE describes detainers in the context of people already held by state, local, or tribal law enforcement. A detainer is a request in that custody context; do not describe every detainer as a judicial warrant or assume every jurisdiction responds in the same way. Check the relevant local rule and the circumstances of the request. See ICE’s detainers page.
What a sanctuary policy may restrict—and what it may not
Local policies vary. Some may restrict arrests based solely on alleged civil immigration violations, limit certain information sharing, or set rules for responding to detainers and custody notifications. Other provisions may address exceptions, such as criminal investigations. The policy’s actual language determines what is covered; the word “sanctuary” does not establish blanket non-cooperation.
When reading a city or county policy, distinguish among what it prohibits, what it permits, and what it requires. Also check which agencies it covers: a rule for a sheriff’s office, for example, should not automatically be attributed to a municipal police department or state police.
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Can state police cooperate with ICE while a city has a sanctuary policy?
They can be governed by different rules because they are separate levels of government. Whether they actually are in a given place—and what cooperation is allowed—depends on the state law and agency policy, the city or county rule, any applicable 287(g) agreement, and relevant court rulings. The general distinction does not establish the arrangement in any particular jurisdiction.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How to check the rules in a specific jurisdiction
- Identify the agencies. Separate state police from county and municipal law enforcement, and note which agency has custody or is being asked to act.
- Find the controlling documents. Review the current state statute or executive direction, the relevant agency policy, and the city or county ordinance or directive. Confirm their dates and legal status.
- Check for a 287(g) agreement. If one exists, establish which agency and officers it covers and what functions ICE delegated.
- Read the provisions on detainers and notifications. Determine what the local policy says about custody requests, release notifications, and information sharing rather than assuming a uniform response.
- Check exceptions and current legal rulings. Look for provisions concerning criminal investigations and any court decisions affecting the rule’s application.
- Attribute federal designations precisely. The Department of Justice’s sanctuary-jurisdiction list reflects DOJ’s stated criteria and enforcement position. It is an agency designation, not a nationwide statutory definition of “sanctuary.”
This is a general explanation, not legal advice or a current audit of any named agency. Rules and agreements can change, so jurisdiction-specific conclusions require current documents and legal context.
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