Attorney General Ken Paxton is threatening legal action against Dallas County Sheriff Marian Brown over her refusal to pursue a formal cooperation agreement with U.S. Immigration and Customs Enforcement.
In a letter sent Wednesday, Paxton accused Brown of openly defying Senate Bill 8, a new Texas law requiring county sheriffs who operate jails to seek and enter into 287(g) agreements with ICE.
“These agreements authorize state officers to perform the functions of a federal ICE officer in relation to the investigation, apprehension, or detention of illegal aliens in the United States,” Paxton wrote.
The law mandates cooperation agreements between county sheriffs and federal immigration authorities. But while the legislation took effect January 1, the legislation also states sheriffs have until December 1, 2026, to comply with the requirement to enter into a 287(g) agreement with ICE. Paxton, however, argues Brown’s public refusal to pursue such an agreement may already violate the law.
Paxton pointed to public comments Brown made in October 2025, after the legislation had already passed, in which she said “no additional efforts” would be made toward securing an agreement with ICE.
“The decision of whether to seek such an agreement is not yours to make,” Paxton wrote. “By enacting [the new law], the Texas Legislature created a mandatory statewide policy of cooperation between county sheriffs and ICE.”
According to Paxton, Dallas County has failed to report any attempts to negotiate or secure a 287(g) agreement despite the law now being in effect.
The attorney general warned Brown that failure to comply by June 1 could trigger enforcement action from the state.
“If efforts are not undertaken and reported before Monday, June 1, 2026, I will consider that failure as confirmation of your refusal to comply,” Paxton wrote. “And I will use every tool available to secure compliance and make sure that you are personally held accountable for your failure to comply with the law.”
Paxton also argued Brown’s public opposition to the law may already expose her office to legal liability under state law governing noncompliance by local officials.
Brown pushed back on Paxton’s interpretation of the law, arguing in a statement Wednesday that SB 8 gives counties until December 1, 2026, to comply with the requirement to enter into 287(g) agreements with ICE.
“Accordingly, no statutory violation presently exists,” Brown wrote. “Nor has the Legislature imposed any requirement that counties certify compliance prior to the deadline December 2026.”
The legislation signed into law last year states: “Not later than December 1, 2026, the sheriff of each county shall comply with Section 753.051(a).”
Brown also disputed Paxton’s characterization of her previous remarks rejecting “additional efforts” toward an agreement with ICE, saying Dallas County already maintains an active working relationship with federal immigration authorities.
In a statement accompanying his letter, Paxton said his office would ensure Dallas County follows the law and cooperates with federal immigration enforcement.
“I will not allow the people of Dallas County to suffer because the Sheriff refuses to work with ICE to keep violent illegals off our streets,” said Paxton. “Texas law requires that sheriffs seek a formal agreement with ICE to help stop illegal immigration.”
Paxton’s office noted that sheriffs in El Paso, Bexar, and Harris counties have either finalized agreements with ICE or are currently negotiating them.
The Dallas County Sheriff’s Office did not immediately respond to a request for comment.
