Texas Border County Attorney Discusses Texas Bill That Aims to Strengthen Immigration Enforcement at the Local Level
A new bill proposed in the Texas House aims to require local law enforcement agencies to actively assist federal immigration authorities, reinforcing border security efforts across the state. House Bill 2361, filed by Representative David Spiller, seeks to ensure that local agencies cooperate with U.S. Immigration and Customs Enforcement (ICE) and enforces consequences for those that refuse.
Kinney County Attorney Brent Smith, a key advocate for stronger border policies, joined The Maverick Times Podcast to discuss the bill and its potential impact. Smith, who has been deeply involved in Operation Lone Star, played a role in crafting the legislation alongside Representative Spiller.
Watch the full podcast episode with Brent Smith discussing House Bill 2361 here: [The Maverick Times Podcast #0029]
Strengthening Immigration Enforcement at the Local Level
House Bill 2361 mandates that law enforcement agencies in Texas formally request to enter into a 287(g) agreement with ICE, which would allow them to enforce immigration laws under federal supervision. If a request is denied, agencies must document all efforts to secure an agreement. Failure to comply could result in the loss of state grant funding.
Smith explained why these agreements are essential, stating:
“The 287(g) program is already in place, and it has been used effectively in the past. Before Obama’s administration, there were several sheriffs who actively worked with Border Patrol to apprehend, detain, and transport illegal aliens. This bill will ensure that law enforcement agencies step up and play their part in immigration enforcement instead of leaving it entirely to federal authorities.”
He continued,
“This is about making sure that law enforcement across the state is aligned in securing our communities. The border crisis isn’t just affecting counties along the Rio Grande—it’s impacting the entire state. Cartels, human traffickers, and criminal organizations are moving freely because many jurisdictions refuse to cooperate with federal authorities.”
Addressing Border Security Failures
The urgency for stronger local enforcement stems from the growing number of border-related crimes, particularly in counties like Kinney and Maverick. Smith highlighted the overwhelming increase in cases his office has handled since Biden took office.
“Before Biden, Kinney County processed about 200 criminal cases per year. Within a year of his administration, that number jumped to over 3,000. Right now, we’re dealing with over 6,000 cases, most of which involve border-related offenses like criminal trespass, human smuggling, and drug trafficking. If local law enforcement doesn’t step up, we’re just allowing criminal elements to move freely through our communities.”
He also stressed that without additional manpower, federal authorities alone cannot handle the scope of the crisis.
“DHS simply doesn’t have enough personnel. If they got $20 million to hire more agents tomorrow, it would still take over a year to recruit and train them. That’s why 287(g) agreements are critical. They allow existing state and local officers to receive proper training and authorization to assist with immigration enforcement immediately.”
Aligning State and Federal Efforts
Governor Greg Abbott has been leading efforts to secure the Texas border through initiatives like Operation Lone Star, increasing National Guard deployments, and constructing border barriers. House Bill 2361 aims to complement those efforts by ensuring local law enforcement actively participates in immigration enforcement rather than relying solely on state troopers and federal agents.
Smith explained,
“Under the current system, when a DPS trooper or local sheriff’s deputy encounters an illegal immigrant, they have to call Border Patrol to process them. That means pulling federal agents off the front lines just to do paperwork. If local officers had 287(g) certification, they could process these individuals themselves, keeping Border Patrol where they are most needed—on the border.”
He emphasized that the legislation isn’t about replacing Border Patrol or ICE but strengthening collaboration.
“This isn’t about taking over immigration enforcement—it’s about supporting it. The federal government already has a system in place that allows for state and local partnerships. Texas just needs to make sure every agency is doing its part.”
Consequences for Non-Compliance
While the bill has strong support in border communities, some local officials have voiced concerns about taking on additional immigration enforcement responsibilities. Smith dismissed these concerns, pointing out that refusing to participate could come with financial consequences.
“If an agency refuses to work with ICE, why should Texas taxpayers fund them with state grant money? This bill ensures that any jurisdiction choosing to operate like a sanctuary city doesn’t receive state funding. If they won’t help enforce immigration law, they shouldn’t expect financial support from the state.”
He also addressed the financial implications for agencies participating in 287(g) agreements.
“The federal government reimburses counties for housing illegal immigrants in detention facilities. Agencies that participate in these programs will receive federal funds to offset costs, and this will ultimately save taxpayers money.”
Pushback from Local Officials
Some law enforcement leaders, including Maverick County Sheriff Tom Schmerber, have publicly stated that they will not actively participate in immigration enforcement. Schmerber has argued that immigration enforcement is a federal responsibility and that local departments should focus on community policing.
Smith countered that argument, stating,
“There’s no reason why a local sheriff’s office shouldn’t cooperate with ICE. This bill doesn’t require door-to-door raids. It simply ensures that when law enforcement encounters someone who is in the country illegally, they have the authority and training to take the appropriate action. Ignoring the problem only makes it worse.”
He continued,
“When you refuse to enforce immigration law, you create safe havens for criminals. Look at what happened in New York with the murder of Laken Riley. If that city hadn’t been a sanctuary city, that illegal alien would have been detained and deported long before he ever had the chance to commit that crime.”
The Future of Immigration Enforcement in Texas
With border security remaining a top priority for Texas lawmakers, House Bill 2361 could serve as a model for other states grappling with illegal immigration. If passed, it would significantly expand the role of local law enforcement in enforcing immigration law and strengthen cooperation between state and federal agencies.
Smith urged Texans to support the bill by reaching out to their elected representatives.
“If you care about securing your community, contact your county judge, sheriff, and state legislators. Let them know you support this bill. Too often, the people who show up to testify in Austin are the ones against border security. We need to change that.”
The Texas House is expected to debate the bill in the coming weeks. If enacted, it would mark a significant shift in how local agencies handle immigration enforcement, ensuring that state and federal authorities work together to secure Texas communities.
Watch The Maverick Times Podcast episode featuring Kinney County Attorney Brent Smith discussing House Bill 2361 here: [The Maverick Times Podcast #0028]
The Maverick Take
Texas continues to lead the charge in border security, stepping up where the federal government has failed. House Bill 2361 is a necessary step to ensure local jurisdictions support national immigration enforcement rather than obstruct it. Some officials may resist increased enforcement responsibilities, but public safety must remain the priority. Texans deserve secure communities, and this legislation provides the framework to make that happen. If local agencies refuse to cooperate, the state must hold them accountable. Lawmakers need to act now before the crisis at the border worsens.
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