Frederick County Sheriff Chuck Jenkins argues renewed efforts to ban Maryland counties from participating in the 287(g) immigration enforcement program are unconstitutional.
After failing to pass a ban last year, Maryland Democrats announced last month that they would push for a renewed bill when the General Assembly convenes in January.
Jenkins says he’s willing to go to court if the ban passes, claiming politicians are more concerned about an agenda than protecting their citizens. “Because I don’t believe that a state legislature can take away the authority of a duly elected sheriff — which is a constitutional office — from making a decision to work with the federal government to keep their community safe,” Jenkins explained. “I think there’s a huge court challenge there.”
What is a 287(g) agreement?
The policy allows local law enforcement to receive special training to assist ICE agents in their operations. It was first introduced in 1996 through the Illegal Immigration Reform and Immigrant Responsibility Act. The program was created before ICE, which was founded in 2003 in response to 9/11. Today, there are more than 1,000 287(g) agreements across 40 states.
There are three common types of agreements, known as the jail enforcement model (JEM), warrant service officer model (WSOM), and the task force model (TFM). (1, 2)
Under the JEM, after a person has been arrested and brought to a detention center, officers can ask for an individual's citizenship status. If it is found they are undocumented, the person can be held for up to 48 hours and ICE is contacted.
Through the WSOM, local officers are trained by ICE to serve administrative warrants, which means they can actually go out and perform an arrest themselves. Lastly, the TFM allows police to question a person’s immigration status as part of their regular duties.
Frederick County uses the JEM and has one of the oldest 287(g) agreements in the US, beginning in 2008. Under this model, Sheriff Jenkins says Frederick residents are only asked for their immigration status after being arrested and brought to a detention center. “No law enforcement officer on the streets of Frederick County asks any questions about immigration status,” Jenkins said.
Arguments Against 287(g)
Opponents to the program in California, Oregon, Washington, Illinois, New Jersey and Colorado have passed laws to restrict or ban local jurisdictions from participating. The American Immigration Council argues the policy sows distrust between police and immigrant communities, leading the groups to be less likely to rely on law enforcement.
The Baltimore Banner reported Democrat Del. Luke Clippinger said the job of local law enforcement should be enforcing local laws, “as opposed to doing the federal government’s job and being an arm of the Trump administration.”
Because Frederick uses the jail enforcement model, Jenkins argues the impact to the capacity of local law enforcement is minimal. In 2017, the program was audited, and it was found the cost of holding detainees was mostly covered by reimbursements from ICE. “There’s more time wasted everyday taking coffee breaks,” Jenkins argued.
Last year, lawmakers proposed Maryland Values Act which required law enforcement to notify certain schools, libraries and government buildings before performing immigration enforcement actions.
The bill originally included an outright ban to 287(g) agreements, but was amended before it was passed. The ban was removed due to concerns by Maryland lawmakers who feared fiscal retaliation. The current administration has threatened to cut federal funding to states with "sanctuary" policies.
Looking ahead
Jenkins says the Trump administration very well may cut funding to Maryland if 287(g) agreements are banned, but points to additional inadvertent consequences. Without the program, Jenkins worries Frederick will see an increase in crime, specifically as gangs begin to enter the county. He argues 287(g) is what’s keeping them away.
Without the program, the sheriff says ICE will have to come do the work themselves. “I promise you, ICE is going to come into our communities like you see in the other larger jurisdictions, they're going to get their targets,” Jenkins explained. “Whereas right now, [in] Frederick County, we don’t have ICE raids because we’re participating with ICE, to help them out.”
Ultimately, Jenkins argues the county’s JEM 287(g) agreement is more efficient and effective for tax payers. Isn’t it much safer to hand off a criminal in the jail than have ICE looking for them on the street, Jenkins asked.
