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How State Police Cooperation With ICE Differs From Local Sanctuary Policies

State police cooperation with ICE and local sanctuary policies can coexist because they govern different agencies. The rules depend on each jurisdiction’s laws, policies, and any formal 287(g) delegation.
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State police cooperation with U.S. Immigration and Customs Enforcement (ICE) and a local sanctuary policy can coexist because they govern different agencies and levels of government. State law or agency rules may authorize or direct state police to assist ICE, while a city or county may limit what its own agencies do. The actual rules depend on the jurisdiction and the specific policy—not on the label “sanctuary.”

What the terms mean

“State police cooperation” refers to what a state authorizes, requires, or permits its own police and other agencies to do in connection with federal immigration enforcement. Relevant rules may come from state statutes, executive direction, agency policy, or a formal federal partnership. A state police policy alone does not establish what city or county agencies do.

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A “sanctuary policy” usually means a city or county rule limiting some assistance by local agencies for certain federal immigration-enforcement activities. The term has no single nationwide statutory definition. The Congressional Research Service (CRS) describes the varied policy landscape in its “Sanctuary” Jurisdictions: Policy Overview, updated March 4, 2025, and its legal overview, dated September 15, 2025.

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How state and local rules differ

Question State police cooperation Local sanctuary policy
Which government level? The state, and the state agencies or officers covered by its rules. A city or county, and the local agencies covered by its ordinance, directive, or department policy.
What does it govern? Whether and how state agencies assist federal immigration enforcement. Which forms of assistance local agencies provide, restrict, or decline.
What must be checked? State statutes, executive direction, agency policy, and any formal federal partnership. The text, scope, exceptions, and current legal status of the specific local rule.
Can one determine the other from it? No. A state police rule does not by itself establish local practice. No. A local restriction does not by itself establish state police practice.

Because these rules can cover different agencies, state police may cooperate with ICE while a city or county limits cooperation by its own departments. Whether that is the situation in a particular place depends on the laws and policies that apply to each agency.

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What a sanctuary policy may—and may not—stop

Local policies vary. Some may restrict arrest based solely on an alleged civil immigration violation; others may address information sharing or particular requests from federal authorities. A policy should not be described as a blanket refusal to cooperate unless its text supports that description.

To understand what a rule actually does, identify the agencies and actions it covers, then check its exceptions. A policy may treat criminal investigations differently from civil immigration enforcement, for example. The specific text—not the word “sanctuary”—determines the limits.

287(g) is formal delegation, not a synonym for cooperation

ICE’s 287(g) program page says the program allows ICE to delegate specified immigration-officer functions to selected state or local officers under ICE’s direction and supervision. That formal delegation is more specific than ordinary communication or other assistance. Cooperation with ICE does not, on its own, show that an agency has a 287(g) agreement; check the agency’s agreement and current status.

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How to understand ICE detainers

ICE describes detainers in the context of people already held by state, local, or tribal law enforcement. Its detainers page provides the federal agency’s explanation of the process. When comparing policies, distinguish the federal request from the jurisdiction’s rules for responding to it. Do not assume that every detainer is a judicial warrant or that every jurisdiction handles detainers alike.

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What DOJ’s sanctuary list does—and does not—establish

The Department of Justice’s sanctuary-jurisdiction list states DOJ’s own designation criteria and enforcement position. Attribute the label to DOJ when describing that list; it is not a nationwide statutory definition of “sanctuary.” CRS notes that the term is not defined in law.

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How to compare policies in a specific place

A reliable jurisdiction-specific answer requires checking the rules for the actual state, city, or county and the agencies involved. Compare:

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  • The level of government and the agencies covered.
  • Whether a rule requires, permits, or limits assistance to ICE.
  • Whether officers have a current 287(g) delegation and what functions it covers.
  • How the policy treats detainers and requests for custody notifications.
  • What information may be shared, and with whom.
  • Exceptions, including any different treatment of criminal investigations.
  • The policy’s date, current legal status, and any relevant court rulings.

Without a named jurisdiction and current policy text, it is not possible to say how a particular state police force cooperates with ICE or exactly what a local sanctuary rule restricts.

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