ICE Arrest in Texas: What the 287(g) Program Means for You
A man deported from the US twice was arrested again in Texas over Memorial Day weekend — this time caught not by federal agents, but by local sheriff's deputies trained to do ICE's job. His case shows exactly how the 287(g) program turns any local arrest into a potential immigration detention. If you live in a county with this program, here is what you need to know.
Twice Deported, Arrested Again: How Local Police Now Work With ICE
Over Memorial Day weekend, Juan Ayala Montero, a 60-year-old man from Mexico, was arrested in Montgomery County, Texas, after allegedly shooting at his neighbors. What made this arrest different from a typical local police case: the Montgomery County Sheriff's Office is part of ICE's 287(g) program. That program trains and authorizes local officers to act as immigration enforcement agents. Within hours of his arrest on May 24, 2026, a designated officer confirmed Ayala's immigration status and placed an immigration detainer — a formal request to hold him for ICE — on him.
Ayala had been ordered removed by an immigration judge on August 31, 1999, and was deported on August 30, 2000. He reentered the US illegally and was deported a second time on January 4, 2006, after an arrest by Dallas Police. He allegedly reentered the US a third time on an unknown date. While in the US without legal status, he was convicted of attempted homicide and criminal trespass. ICE's acting Field Office Director for Houston, Gabriel Martinez, said the 287(g) program gave local authorities the tools to stop Ayala from being released back into the community.
Deportation Defense Checklist — Free
Immigrant rights, appeals and protective measures
The 287(g) program is active in many counties across the US. It means that even a local arrest — for a traffic stop, a neighbor dispute, or any other reason — can trigger an immigration check. If local officers are 287(g)-certified, they can place an immigration detainer on you before ICE even arrives. ICE's Houston field office alone covers 56 counties across Southeast Texas. If you are in removal proceedings (the legal process where an immigration judge decides whether you can stay in the US) or have a prior deportation order, a local arrest in a 287(g) county puts you at serious risk of immediate ICE custody.
What to Do If You Live in a 287(g) County
- Know your rights before any arrest. You have the right to remain silent and the right to speak with a lawyer. Do not answer questions about your immigration status without an attorney present.
- Check if your county uses 287(g). ICE publishes a list of 287(g) partner agencies. If your county is on that list, a local arrest can quickly become an immigration detention.
- Act fast if you have a prior deportation order. If an immigration judge has already ordered your removal, you have 30 days to appeal that order. If that window has passed, lawyers may recommend filing a motion to reopen your case — you generally have 90 days to do that. Missing these deadlines makes it much harder to fight removal.
- Contact an immigration lawyer immediately if you or a family member is detained. Time matters. An attorney can request a bond hearing and review whether any relief — such as asylum, cancellation of removal, or other options — may apply to your situation.
Fishkin Law Firm, New York
A prior deportation order is one of the most dangerous situations an undocumented person can face, because ICE can move to reinstate that order without a new hearing before an immigration judge — meaning you could be deported very quickly after arrest. If you have a prior order and you believe you qualify for asylum or another form of protection, you may be able to file a motion to reopen within 90 days, but that window closes fast. Do not wait for an arrest to find out where you stand — consult an immigration attorney now to review your options before a 287(g) encounter forces your hand.