Can Michigan Legally Back Out of ICE Contracts?

Immigration and how we deal with it is one of the biggest topics in the US. As immigration enforcement continues to spark national debate, some governments across the country are reevaluating their agreements with agencies that enforce immigration laws like the United States Immigration and Enforcement Agency, or ICE.

Many are calling for Michigan to do the same, but from a legal standpoint, what are the options?

Can cities in Michigan cancel their ICE contracts?

In Michigan, most ICE contracts aren’t handled by the state directly. They’re typically agreements between county jails and the federal government to work together for a common cause. These contracts allow ICE to detain immigrants in local facilities, often through what’s called an Intergovernmental Service Agreement (IGSA).

Whether a county can pull out of one of these agreements depends largely on the terms of the individual contract itself. But, all of the contracts are publically accessible via their website, if you're curious about any that may be in your city.

Currently, our state law doesn’t stand in the way of the termination of said contracts. Michigan counties and municipalities have the authority to enter into and exit from contracts, including those with federal agencies, as long as they follow the proper legal and procedural steps.

There are no specific Michigan statutes requiring local agencies to work with ICE, and laws like the Urban Cooperation Act of 1967 provide frameworks for both forming and dissolving intergovernmental partnerships.

Even at the federal level, contracts with ICE typically include termination clauses, following the Federal Acquisition Regulation system. These clauses often require advance notice, and some may include financial penalties or administrative conditions, but they don’t make cancellation impossible.

The trade-offs are mostly political and financial. Some counties rely on ICE payments to fund local jail operations. Backing out of a contract could mean budget cuts or public backlash. But legally speaking, Michigan communities can walk away if they follow the rules.

Up Next: Is it legal? Frequently asked questions about Michigan laws ⬇️

So while it may not be easy, the answer is yes: Michigan’s local governments can legally cancel their ICE detention contracts. The real challenge might be deciding whether they want to.