Original Date Announced

The Dallas Morning News reports that Immigration and Customs Enforcement (ICE) issued two directives in April 2026 to state and local law enforcement agencies participating in the 287(g) program that allows local police to enforce federal immigration law. The directives instructed partner agencies to consult federal authorities before releasing records concerning immigration-related operations. ICE asserts that any document referencing ICE or an individual migrant becomes a joint federal record governed by Freedom of Information Act (FOIA) standards rather than state public disclosure laws. Citing these memos, the Big Sandy Police Department in East Texas denied a public records request for basic arrest and detention details following a traffic stop by a local officer. Advocates argue the policy circumvents state sunshine laws, reduces local police transparency, and prevents defense attorneys from accessing records needed for immigration cases.

Trump 2.0 [ID #2445]

Subsequent Trump and Court Action

2026.05.06 Reported: USCIS directive to Florida and Texas law enforcement agencies - Two Can Be True

Two Can Be True with the Florida Trib report that ICE, between April 19, 2026 and May 5, 2026, issued the new directive to "hundreds" of Florida and Texas law-enforcement agencies with 287(g) agreements. The directive states that “information obtained or developed” through the arrangement is “under the control of ICE” and cannot be released without federal approval. It specifies that such information includes all personally identifiable information and 287(g) numbers, calculations, or statistics.

The Dallas Morning News reports that ICE also sent a follow-up email, clarifying its first email and requiring agencies to reach out to ICE if they receive a 287(g)-related information request.

Subsequent Trump and Court Action

2026.08.18 ICE - Guidance Ref. GR-2026-001 - Agency Guidance

ICE issued guidance instructing state and local law enforcement agencies participating in the 287(g) program to restrict public disclosure of immigration-related records. Citing "continuing federal interests," ICE directs agencies to refer records involving ICE detainees, detainers, administrative warrants, and body-worn camera footage to ICE for FOIA processing rather than releasing them under state open records laws. For mixed records, agencies must redact personal identifiers, federal immigration numbers, and the names of deputized officers. According to the guidance, if state law prohibits these redactions or mandates disclosure, partner agencies must notify ICE before releasing the records.

Subsequent Trump and Court Action

2026.10.28 Complaint - Tennessee Immigrant and Refugee Rights Coalition v. ICE

The Tennessee Immigrant and Refugee Rights Coalition, Professor Meghan Conley, and the American Immigration Council filed a FOIA lawsuit against ICE and DHS seeking records of ICE’s guidance to state and local law enforcement agencies on whether they may disclose information about their cooperation with federal immigration authorities under state public-records laws. After ICE administratively closed plaintiffs’ August 2026 FOIA request despite their efforts to narrow and clarify it, and affirmed that decision on administrative appeal, plaintiffs sued alleging that ICE failed to conduct a reasonable search and promptly produce responsive records. They seek an order compelling ICE to process the request and disclose all nonexempt responsive records. Tennessee Immigrant and Refugee Rights Coalition v. ICE, 3:26-cv-01709 (M.D. Tenn.).

Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security