As the federal government scales up U.S. Immigration and Customs Enforcement operations, including mass deportations, it’s likely local law enforcement agencies will be strongarmed into augmenting this effort.
What the federal government wants, however, is not what’s best for Wyoming.
Local law enforcement is not obligated under federal law to participate in immigration enforcement, through either 287(g) agreements or ICE detainer requests. In fact, their engagement could harm public safety, lead to serious legal liabilities, and impose heavy financial burdens on their counties.
The ACLU of Wyoming sent a letter this week to the state’s 23 county sheriffs outlining the dangers of carrying out President Donald Trump’s immigration policy demands.
In the letter, we raised concerns over participation in the 287(g) program, which effectively transforms local law enforcement officials into federal immigration agents, but without the federal funds to cover all of the expenses incurred by the local jurisdiction and without the same level of training that federal agents receive. These agreements have a history of eroding public safety, imposing heavy financial burdens on localities, and leading to civil rights violations.
We also reminded law enforcement agencies that they alos must decline any ICE detainer request that does not have a judicial warrant in order to minimize the risk and liability of holding a person in violation of the Fourth Amendment. Federal courts around the country have held ICE and local law enforcement agencies liable for unconstitutional detentions under ICE detainers.
Most of us can agree that the federal government needs to do much better on immigration policy and identify real solutions that are orderly, humane, and fair. But turning local law enforcement into an extension of the federal government is none of those things. Rather, it puts officers and their communities at risk and depletes much needed resources.
Local law enforcement agencies that willingly carry out the business of the federal government could lose vital community support and diminish their efforts to improve public safety. Community policing, after all, works best when law enforcement has the trust and cooperation of their constituents. However, this cooperation is easily eroded when communities believe they cannot safely disclose criminal activity to local law enforcement for fear of deportation or imprisonment or that they may be the subject of racial or ethnic profiling.
We encourage local law enforcement to put the needs of their local communities first and decline to participate in unnecessary, voluntary immigration enforcement.
A copy of the ACLU’s letter to Wyoming’s sheriff departments is here.
Andrew Malone, Senior Staff Attorney, Legal, ACLU – Wyoming
