Nebraska · Updated July 2026 · Verified by InmateAid

Nebraska Immigration: State Rules vs. Federal Law - and What to Do Here

Nebraska converted a state prison into the 'Cornhusker Clink' ICE detention facility in McCook and has 287(g) agreements with NSP and multiple counties. Know what this means for families.

This article reflects Nebraska law and enforcement conditions as of June 2026. Nebraska Governor Jim Pillen issued Executive Order 25-01 on January 24, 2025, directing state agencies to support federal immigration enforcement. The Nebraska State Patrol (NSP) signed a 287(g) Task Force Model agreement with ICE, initially with six troopers assigned. The Nebraska Department of Correctional Services (NDCS) signed a contract with ICE on September 30, 2025 to convert the Work Ethic Camp in McCook into an ICE detention facility - dubbed the 'Cornhusker Clink' - with an initial capacity of 200 beds expanded toward 300 and minimum monthly federal payments of approximately $2.4 to 2.5 million to Nebraska. The facility began accepting detainees in early November 2025. As of January 2026, four Nebraska county sheriff's offices and two state agencies (NSP and NDCS) had active 287(g) agreements. The ACLU of Nebraska filed lawsuits challenging attorney-client access conditions at McCook. A federal judge sided with a McCook detainee in February 2026. Protective bills introduced in the 2026 legislative session (LB 881 on 287(g) transparency, LB 907 on sensitive locations) had not been enacted as of June 2026. Verify current status with the ACLU of Nebraska at aclunebraska.org or Nebraska Appleseed at neappleseed.org.

Where Nebraska Stands

Nebraska is an enforcement-aligned state with one distinctive feature that sets it apart from nearly every other state in this series: it converted a functioning state rehabilitation prison into an ICE detention facility, displacing its inmates to make room for federal detainees, at a governor's direction, in exchange for federal payments that the governor framed as a net financial gain for the state. The McCook Work Ethic Camp, renamed the 'Cornhusker Clink' by DHS Secretary Kristi Noem and Gov. Pillen, was a minimum-security facility focused on rehabilitation for low-risk offenders. Those inmates were dispersed to other facilities to make room for ICE detainees.

Nebraska's editorial distinctiveness in this series is that combination of state agency involvement in detention and the active use of state correctional infrastructure for federal immigration enforcement purposes. It is not a state that merely allowed counties to sign 287(g) agreements: the governor directed a state prison conversion, signed the contract himself, and the Nebraska State Patrol assigned troopers to Task Force enforcement. The state government actively drove the expansion of the enforcement infrastructure in ways that went beyond what any individual county could do.

The human context behind Nebraska's enforcement expansion is the state's large and economically essential immigrant workforce, concentrated in the meatpacking, poultry, pork, beef, and agricultural processing industries in Grand Island, Lexington, Omaha, South Sioux City, and other communities. A June 10, 2025 ICE raid on Glenn Valley Foods in Omaha detained 78 workers. The families of those workers described not knowing where their relatives had been taken for the first 48 hours, and some workers had injuries that went untreated. These are the communities that Nebraska's state-level enforcement expansion affects most directly.

Part 1: What Federal Immigration Law Actually Says

Immigration enforcement is exclusively a federal function under the Immigration and Nationality Act (INA). The federal government controls who may enter, remain in, and be removed from the United States. State and local governments cannot create their own immigration enforcement systems that conflict with the INA.

The Tenth Amendment anti-commandeering doctrine, established in Printz v. United States (1997), means the federal government cannot compel state agencies to enforce federal immigration law. But a state government can voluntarily direct its own agencies to cooperate with federal enforcement, and that is what Gov. Pillen's Executive Order 25-01 did. The state prisons, the State Patrol, and the Department of Correctional Services all operate under the governor's authority; directing them to cooperate with ICE is an exercise of state executive power over state agencies, not federal commandeering of local governments.

Section 287(g) of the INA allows local agencies to voluntarily enter into agreements with ICE to take on certain immigration enforcement functions. The Nebraska State Patrol's Task Force agreement authorizes trained troopers to question suspected undocumented individuals about their immigration status and make immigration arrests without an independent judicial warrant, under ICE supervision. County-level agreements operate similarly at the local level.

ICE detainers, Form I-247, are administrative requests, not court orders. Multiple federal circuits have held that honoring civil detainers without judicial authorization may expose holding agencies to Fourth Amendment liability. The Eighth Circuit, which covers Nebraska, has not issued a definitive ruling. Nebraska jails that honor detainers do so voluntarily and assume that constitutional liability risk.

The prison conversion at McCook raises distinct constitutional questions. Nebraska Appleseed challenged the conversion in state court, arguing that Nebraska's Constitution gives the legislature, not the governor, exclusive authority over the management and control of state correctional facilities. A judge declined to issue a temporary injunction stopping the conversion but did not dismiss the case. The constitutional question of whether the governor had authority to convert a state prison to federal use without legislative approval was not definitively resolved as of June 2026.

Arizona v. United States (2012) is the controlling preemption precedent. Nebraska's state-level involvement in ICE detention through the McCook facility is structured as a contractual service relationship with the federal government rather than an independent state immigration enforcement scheme, which is designed to operate within the Arizona framework.

Part 2: Nebraska State Law and Enforcement Infrastructure

Executive Order 25-01 - January 24, 2025

Gov. Pillen issued Executive Order 25-01 on January 24, 2025, directing state agencies to support federal immigration policy implementation. The order directed Nebraska's state agencies, departments, and instrumentalities to cooperate with federal immigration authorities, comply with ICE information requests, and not adopt policies limiting cooperation with federal immigration enforcement. It established the governor's policy that Nebraska would be an active partner in federal enforcement efforts under the Trump administration.

Nebraska State Patrol 287(g) Task Force Agreement

The Nebraska State Patrol signed a 287(g) Task Force Model agreement with ICE, announced by Gov. Pillen on August 19, 2025, alongside the McCook facility announcement. NSP Superintendent Bryan Waugh confirmed that six Nebraska State troopers would be assigned as Task Force officers in a secondary assignment. Under the Task Force Model, these troopers are authorized to question suspected undocumented individuals about their immigration status and make immigration arrests without an independent judicial warrant, under ICE supervision and oversight.

Six troopers is a modest number for a statewide patrol. The agreement's practical effect is more symbolic and institutional than operational: it establishes NSP as an active partner in federal enforcement and creates the legal framework for expansion if additional troopers are trained and assigned. Any NSP traffic stop in Nebraska carries the baseline that the trooper has access to an ICE hotline and framework for referral, even if only six troopers have full Task Force authority.

County 287(g) Agreements

Dakota County Sheriff's Department was the only Nebraska county with a 287(g) agreement before 2025, and had operated under it for years. The ACLU of Nebraska, in partnership with Unity in Action, had advocated against that agreement for four years. As of January 2026, four Nebraska county sheriff's offices held agreements in addition to NSP and NDCS, for a total of six active agreements. Wheeler County Sheriff's Office signed the state's first Task Force Model county agreement on May 8, 2025. Wheeler County has fewer than 800 residents and the Task Force agreement essentially deputizes the sheriff's office as immigration enforcement officers during routine county law enforcement.

The expansion of county agreements in Nebraska through 2025 mirrored the national pattern driven by federal financial incentives, including salary and benefits reimbursements for 287(g)-trained officers and performance awards. For rural Nebraska counties with small budgets and limited staffing, these federal reimbursements made participation financially attractive.

The McCook 'Cornhusker Clink' - ICE Detention Facility

The conversion of Nebraska's Work Ethic Camp in McCook into an ICE detention facility is the most consequential and most contested element of Nebraska's 2025-2026 enforcement expansion. The Work Ethic Camp had operated since 2001 as a minimum-security rehabilitation facility for low-risk offenders, focused on substance abuse treatment and cognitive restructuring for adult men convicted of felonies. It housed approximately 186 inmates when Gov. Pillen announced the conversion on August 19, 2025.

Those inmates were displaced to make room for ICE detainees: 103 were sent to community corrections centers in Omaha and Lincoln, 17 to minimum custody housing at the Omaha Correctional Center, and others temporarily to the Reception and Treatment Center and county jails. Democratic lawmakers, including Sen. Terrell McKinney of Omaha, raised concerns about the impact on an already overcrowded prison system and the loss of rehabilitative programming for the displaced inmates.

The state signed a two-year contract with ICE on September 30, 2025, at a base monthly payment of approximately $2.4 to 2.5 million, with minimum payments in the second year rising 3 percent. The facility began accepting ICE detainees in early November 2025, starting with 50-60 people and targeting full Phase 1 capacity of 200 by Thanksgiving 2025. A Phase 2 expansion toward 300 beds was approved and planned for early 2026. ICE has used the facility to hold detainees from Nebraska and from other states, as anticipated by NSP Superintendent Waugh.

Gov. Pillen framed the financial arrangement as a net gain for Nebraska: the Work Ethic Camp's previous annual operating cost was $10.2 million at a daily bed rate of $199.50, while the ICE contract would pay approximately $269.17 per detainee per day, netting the state an estimated $14.25 million annually after accounting for increased costs.

Legal challenges followed immediately. Nebraska Appleseed filed suit arguing the governor lacked constitutional authority under Article IV, Section 19 of the Nebraska Constitution, which gives the legislature exclusive authority over the management and control of state correctional facilities. The judge declined to issue a temporary injunction but did not dismiss the case. The ACLU of Nebraska separately sued on behalf of McCook detainees, criticizing severely limited attorney-client access at the facility. On February 10, 2026, a federal judge sided with a McCook detainee in the ACLU Nebraska lawsuit. Nebraska lawmakers toured the McCook facility in December 2025 and described it as orderly and clean, holding 100-150 migrants at that point.

The Glenn Valley Foods Raid, Omaha - June 10, 2025

On June 10, 2025, ICE raided Glenn Valley Foods in Omaha, detaining 78 workers. The operation was one of the most significant workplace enforcement actions in Nebraska's recent history. Nebraska Appleseed's legal advocacy group represented several of the detained workers. Its representative described the first 48 hours: some families did not know where their relatives had been taken, and some workers with injuries did not receive immediate treatment. The raid hit Omaha's meatpacking workforce directly, a community central to Nebraska's food processing economy.

The Glenn Valley Foods raid is a specific and documented example of what federal enforcement looks like in Nebraska communities. For families working in Nebraska's meatpacking, pork, beef, and poultry industries, the raid illustrates that federal enforcement operations can occur at their workplaces without warning and that the first hours of detention are critical for family contact.

Protective Bills - 2026 Legislature (Not Enacted as of June 2026)

State Sens. Guereca and Juarez introduced LB 881, which would require advance public notice and a vote of a local governing body before law enforcement agencies and jails enter into 287(g) agreements with ICE. The bill includes reporting requirements to ensure ongoing compliance review. State Sens. Juarez, Conrad, Guereca, McKinney, Quick, Rountree, and Spivey introduced LB 907, which would prevent immigration enforcement in designated community spaces, including schools, hospitals, churches, and other sensitive locations, absent an emergency. The Nebraska Legislature held hearings drawing hours of public comment, largely opposing ICE expansion, in February 2026. Neither bill had been enacted into law as of June 2026. Verify current status with the ACLU of Nebraska.

Part 3: How State and Federal Law Interact in Nebraska

Nebraska's enforcement framework combines state executive action through Executive Order 25-01, state agency participation through NSP and NDCS agreements, county-level voluntary cooperation through 287(g) agreements, and contractual state provision of detention infrastructure. This is one of the most integrated state-federal enforcement partnerships in the country because it involves the state's own correctional system as a detention service provider for the federal government.

The Tenth Amendment anti-commandeering doctrine protects against federal compulsion of state enforcement. But here, the state is voluntarily expanding federal enforcement capacity using its own resources. That voluntary participation is constitutionally permissible. The contested constitutional question is internal to Nebraska state law: whether the governor had the authority to convert a state prison to federal use without legislative authorization under Nebraska's constitution. That question was pending in state court as of June 2026.

The NSP Task Force agreement means Nebraska State Patrol troopers have immigration arrest authority statewide. Any NSP traffic stop creates a baseline framework for immigration enforcement contact, even though only six troopers are assigned as full Task Force officers. The agreement creates institutional alignment between state highway patrol and federal immigration enforcement.

The McCook facility adds a new dimension to Nebraska's role: the state is now a service provider for federal immigration detention. This creates financial and legal ties between Nebraska state government and ICE detention operations that go beyond standard 287(g) cooperation. The ACLU lawsuits and the state constitutional challenge add legal uncertainty to those ties.

Arizona v. United States (2012) provides the outer constitutional framework. Nebraska's enforcement structure, framed as voluntary cooperation and service provision rather than independent state enforcement, is designed within that framework.

Part 4: What This Means for Families on the Ground

For immigrant families in Nebraska, the enforcement picture is among the most comprehensive of any state in this series. The state government has directly deployed its correctional infrastructure for ICE detention, the State Patrol has Task Force authority, multiple county sheriffs have 287(g) agreements, and workplace enforcement has struck Nebraska's meatpacking communities.

The jail pipeline operates in at least four counties with 287(g) agreements, plus Dakota County's long-standing agreement. Any arrest that leads to a jail booking in those counties can trigger immigration screening and a detainer hold. In Wheeler County, the Task Force agreement means the sheriff's deputies can make immigration arrests in the field, not only at the jail.

The NSP statewide Task Force agreement means any traffic stop by a Nebraska state trooper carries a baseline enforcement framework. Though only six troopers are assigned as full Task Force officers, the institutional relationship with ICE is active and can expand.

The McCook facility, located approximately 210 miles west of Lincoln in a remote area of the Nebraska plains, holds ICE detainees from Nebraska and from other states. If a family member is detained anywhere in Nebraska, they may be transferred to McCook. The facility's early documented challenges with attorney-client access mean early contact with a legal representative is critical. Use the ICE Detainee Locator immediately.

Nebraska's meatpacking and food processing corridor, stretching from South Sioux City through Sioux City (on the Iowa border), Norfolk, Columbus, Grand Island, and Lexington, employs large numbers of immigrant workers. The Glenn Valley Foods raid in Omaha in June 2025 documented what federal enforcement looks like in those communities. Families in those industries should have emergency preparedness plans that include knowing where documents are kept, who to call, and how to use the ICE Detainee Locator.

The 2026 legislature heard substantial public opposition to ICE expansion, and protective bills including LB 907 on sensitive locations were introduced. Neither bill had been enacted as of June 2026. Schools, hospitals, and churches do not have state-law protection from ICE enforcement. The Trump administration rescinded the federal sensitive locations policy on January 20, 2025. Know your rights in those spaces.

Part 5: What You Can Actually Do

If ICE or NSP Comes to Your Home

Do not open the door. ICE cannot legally enter a home without a judicial warrant signed by a judge. An ICE administrative warrant, Form I-200 or I-205, is signed by an immigration officer, not a judge, and does not authorize entry into your home. Ask through the closed door whether the warrant is signed by a judge. If it is not, you may say clearly that you do not consent to entry.

You have the right to remain silent. You are not required to answer questions about your birthplace, how you entered the country, or your immigration status. Say: 'I am exercising my right to remain silent. I want to speak with a lawyer.' This applies regardless of immigration status.

Do not sign anything without speaking with an immigration attorney. Signing voluntary departure forms or other removal documents can permanently waive important legal rights.

If stopped by NSP on a Nebraska highway, you have the same right to remain silent about immigration status. State troopers in the Task Force program can make immigration arrests during traffic stops. Stay calm, exercise your rights, and do not physically resist.

If a Family Member Is Detained

Use the ICE Online Detainee Locator at locator.ice.gov immediately. You will need the person's country of birth and either their full name and date of birth or their A-Number (Alien Registration Number). Nebraska detainees may be held at McCook (approximately 210 miles west of Lincoln), at county jails, or transferred to other states. The McCook facility's documented attorney-client access challenges make early legal contact critical.

Call the ICE Detention Reporting and Information Line: 1-888-351-4024.

Call the EOIR Immigration Court Information Line: 1-800-898-7180 for hearing dates and case status.

Contact Nebraska Appleseed: neappleseed.org. Nebraska Appleseed has directly represented McCook detainees and workers detained in the Glenn Valley Foods raid. They are the primary legal advocacy organization for immigrants in Nebraska.

Contact the ACLU of Nebraska: aclunebraska.org. The ACLU of Nebraska has filed lawsuits challenging conditions at McCook and advocates against 287(g) expansion.

Contact Justice for Our Neighbors Nebraska: jfon-nebraska.org. JFON Nebraska provides direct immigration legal services.

Know the Risk Points in Nebraska

The jail pipeline is active in at least five county sheriff departments with 287(g) agreements, including Dakota County (long-standing), Wheeler County (Task Force), and three additional counties as of January 2026. Any arrest leading to a jail booking in those counties can trigger immigration screening.

Any NSP traffic stop creates a baseline enforcement framework. Full Task Force authority is held by six troopers, but the institutional relationship is active and expanding.

Nebraska's meatpacking and food processing corridor is a documented workplace enforcement zone. The June 2025 Glenn Valley Foods raid in Omaha is a specific example. Workers in those industries should have emergency preparedness plans.

McCook, approximately 210 miles west of Lincoln, is an active ICE detention facility. If detained anywhere in Nebraska, your family member may be transferred there. Early legal contact is critical given access challenges.

Protective legislation (LB 881, LB 907) had not been enacted as of June 2026. Sensitive locations including schools, hospitals, and churches are not protected under state law.

Part 6: Legal Resources in Nebraska

Nebraska Appleseed: neappleseed.org. Nebraska Appleseed is the state's primary nonprofit legal advocacy organization for vulnerable Nebraskans including immigrants. They represented McCook detainees and Glenn Valley Foods workers.

ACLU of Nebraska: aclunebraska.org. The ACLU of Nebraska has filed lawsuits challenging McCook conditions and advocates against 287(g) expansion statewide.

Justice for Our Neighbors Nebraska: jfon-nebraska.org. JFON Nebraska provides direct immigration legal services across the state.

Immigration Advocates Network: immigrationadvocates.org. The national legal aid finder allows searching by state and county.

National Immigrant Justice Center (Chicago): immigrantjustice.org.

EOIR Immigration Court Information Line: 1-800-898-7180.

ICE Detainee Locator: locator.ice.gov.

ICE Detention Reporting and Information Line: 1-888-351-4024.

Summary

Nebraska is one of the most actively enforcement-aligned states in this series due to direct state government involvement in ICE detention infrastructure. Executive Order 25-01 (January 24, 2025) directed state agencies to support federal enforcement. The Nebraska State Patrol signed a 287(g) Task Force agreement with six troopers assigned. Four county sheriff's offices hold additional agreements. The Work Ethic Camp in McCook was converted to an ICE detention facility - the 'Cornhusker Clink' - under a September 2025 contract paying Nebraska approximately $2.4 to 2.5 million per month, with Phase 1 capacity of 200 beds and Phase 2 expansion toward 300. The ACLU of Nebraska filed lawsuits over attorney-client access at McCook, and a federal judge sided with a detainee in February 2026. A state constitutional challenge to the governor's authority to convert the prison without legislative approval remained pending. Nebraska Appleseed filed a related state court suit.

For families in Nebraska, the jail pipeline is active in multiple counties, NSP has statewide enforcement alignment, and McCook holds detainees from across the state and other states. Nebraska's meatpacking and food processing communities are documented workplace enforcement targets. Protective legislation introduced in 2026 had not been enacted. Use the ICE Detainee Locator immediately if a family member is detained, exercise the right to remain silent, and contact Nebraska Appleseed or the ACLU of Nebraska for legal guidance and current status updates.

Sources and verification: Nebraska Executive Order 25-01, January 24, 2025 (govdocs.nebraska.gov); Nebraska Governor's Office, 'Nebraska Publishes Contract with ICE to Use Work Ethic Camp as ICE Detention Facility,' October 17, 2025; DHS press release, 'Cornhusker Clink: New Partnership with DHS and State of Nebraska,' August 19, 2025; Nebraska Examiner, 'Nebraska Signed Contract with ICE on Sept. 30 to Turn State Prison into Migrant Detention Center,' October 17-20, 2025; Nebraska Public Media, 'McCook ICE Facility Began Taking Detainees Monday,' November 6, 2025; Nebraska Public Media, 'Wheeler County Sheriff's Department Enters Task Force Agreement with ICE,' May 29, 2025; Nebraska Public Media, 'State Patrol Leader Discusses Plans for Troopers,' August 28, 2025 (six troopers confirmed); ACLU of Nebraska, 'New Bills Seek Increased Accountability for ICE,' January 27, 2026 (LB 881, LB 907, six active agreements as of January 2026); Nebraska Examiner, 'ACLU Sues on Behalf of McCook ICE Detainees,' February 4, 2026; Nebraska Examiner, 'Federal Judge Sides with McCook Migrant Detainee in ACLU Nebraska Lawsuit,' February 10, 2026; Nebraska Examiner, 'Conversion of McCook Facility Draws Overflow Hearing,' September 12-15, 2025 (Glenn Valley Foods raid, June 10, 2025, 78 workers); Nebraska Appleseed state constitutional challenge; Nebraska Examiner, 'Nebraska lawmakers tour McCook ICE jail,' December 15, 2025 (100-150 detainees); Arizona v. United States, 567 U.S. 387 (2012); Printz v. United States, 521 U.S. 898 (1997). Volatile items requiring verification: McCook state constitutional challenge status; ACLU McCook lawsuit status; current detainee population at McCook; current count of Nebraska 287(g) agencies (growing); LB 881 and LB 907 legislative status. Last verified: June 2026.

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