IMMIGRATIONStates Are Telling Sheriffs Whether They Can — or Can’t — Work with ICE
Cooperation between sheriffs and ICE lies at the heart of Trump’s immigration policy.
Local sheriffs are on the front lines in deciding whether to participate in the Trump administration’s mass deportation plans. But states increasingly are making the choice for them.
More and more, sheriffs’ hands are tied no matter whether they do — or don’t — want to help with deportations, though they often get the blame when conservatives draw up lists of sanctuary cities.
“‘Naughty lists,’ as we call them, are not super helpful here,” said Patrick Royal, a spokesperson for the National Sheriffs’ Association. “We all know there are places like Colorado where you can’t [help with deportations], and places like North Carolina where you have to.”
Cooperation between sheriffs and U.S. Immigration and Customs Enforcement lies at the heart of the Trump administration’s immigration detention policy. The administration plans to punish noncooperative jurisdictions with funding cuts — though many legal experts agree that cooperation is voluntary unless state or local laws say otherwise.
Sheriffs, who typically run local jails, must decide what to do when faced with immigration detainers — requests from ICE to hold onto incarcerated people up to two extra days so ICE officers can show up and arrest them. ICE issues those detainers when the agency reviews fingerprints sent electronically for background checks as part of the jail booking process.
Otherwise, arrested suspects who post bond or are otherwise released by a judge might go free despite their immigration status, prompting ICE in some cases to pursue them in the community.
In North Carolina, Sheriff Garry McFadden ran on a platform of limiting cooperation with ICE when he was elected in Mecklenburg County, home to Charlotte, in 2018. But today, McFadden must comply with detainers because of a state law passed last year.
In a now-retracted Facebook post, U.S. Sen. Thom Tillis in late April accused Mecklenburg and several other North Carolina counties of “shielding criminal illegal immigrants” as sanctuary jurisdictions. Tillis, a North Carolina Republican, said in the post he was writing federal legislation to prosecute sanctuary jurisdictions.
“You can’t say we’re a sanctuary county and have state laws that say we have to work with ICE. You can’t have both,” McFadden said. He added that he’d like more choice about whether to comply with detainers. A federal funding cutoff would endanger important jail programs such as rape counseling, he said.
