ICE warns Buncombe, other 'non-cooperative jurisdictions' will see more 'visible presence'

Mackenzie Wicker | The Citizen-Times

ASHEVILLE - U.S. Immigration and Customs Enforcement is doubling down on a promise that Buncombe County and other "non-cooperative jurisdictions" will be seeing "a more visible ICE presence" if sheriffs refuse to comply with the organization's detainer requests.

In a statement on a new ICE webpage that targets those jurisdictions, the agency says residents of noncompliant areas can expect to spot more immigration officers as long as local policies of not honoring detainers remain in effect.

"ICE has no choice but to conduct more at-large arrests in local neighborhoods and at worksites, which will inevitably result in additional collateral arrests instead of arrests at the jail where enforcement is safer for everyone involved," the statement reads.

ICE detainers ask that a law enforcement agency notify the immigration enforcement before a suspect is released from a detention facility. They usually request that law enforcement hold the person up to 48 additional hours for ICE's pickup.

Buncombe Sheriff Quentin Miller announced in February that his office, which operates the county's jail, no longer would honor the requests. He was one of several North Carolina sheriffs to make that call. Detainers aren't arrest warrants, so they legally can be ignored.

ICE regional spokesman Bryan Cox told the Citizen Times in a Nov. 26 email there will be no change to the number of officers the agency has staffed in North Carolina.

Rather, he said, more officers will be venturing into communities to make arrests because local jurisdictions who don't cooperate with ICE prevent arrests at detention centers. Approximately 70% of ICE arrests take place in local jails after individuals have been arrested for crimes unrelated to their immigration status, Cox said.

Sheriff's office: ICE policy won't change

Cox said ICE's new webpage — which was established in October as part of the U.S. Department of Homeland Security's official website — is designed to "highlight non-cooperative jurisdictions nationwide that are placing politics above public safety."

In addition to Buncombe, ICE's site lists North Carolina counties Durham, Forsyth, Guilford, Mecklenburg and Wake along with two counties in Maryland, Prince George and Montgomery, as "non-cooperative."

It includes mugshots of criminal defendants who “may be released into your community” because sheriffs there don't honor detainers.

"Given the significant amount of misinformation and false claims that circulate about this agency we launched the page to provide the public with factually accurate information about this agency and explain the serious public safety consequences that result from sanctuary policies," Cox said.

Miller, a Democrat who was elected in 2018, did not specifically comment on ICE's webpage or reinforced visibility promise, but office spokesman Aaron Sarver told the Citizen Times in an email that the sheriff's policy will not change.

"Sheriffs are not authorized to play judge and jury, nor should they," said Sarver. "Sheriff Miller will continue to honor the orders of the judicial system. ICE must present a criminal warrant, or once an inmate has met the conditions of his release set forth by the judicial system they will be free to go."

More on ICE detainer policies:

Sarver cited the American Civil Liberties Union's assessment that ICE detainers are unconstitutional and reiterated Miller's comments from earlier this year.

"I understand that I will be attacked for this policy directive, maybe even by ICE," Miller said at a February press conference. "However, a detainer request is not a valid warrant. Again, if ICE, the FBI, the DHS or any law enforcement agency provides a valid criminal warrant, that person will be handed over to that agency."

Miller added he saw it as "vital that members of our immigrant community can call the sheriff's office without fear when they are in need of assistance from law enforcement."

"Our deputies are expected to treat everyone with dignity and respect regardless of the color of their skin or the language that they speak."

N.C. draws national attention

State legislation that would have required all North Carolina sheriffs to recognize immigration detainers was approved by Republicans this summer but vetoed by Democratic Gov. Roy Cooper.

Cooper said the bill was likely unconstitutional, adding that he was concerned about a provision directing that a sheriff be removed from office for failing to meet new immigration duties such as responding to detainers. And immigration advocates have said arresting people on detainers violates their due process rights and would lead to litigation.

Help the Asheville Citizen Times continue to provide in-depth reporting like this. Find our latest subscription options and special offers here.

On Nov. 25, acting Department of Homeland Security Secretary Chad Wolf and acting ICE Director Matt Albence visited Raleigh for a meeting with state and local officials and lawmakers to talk about the dangers of refusing ICE detainers.

“It is the responsibility of our local, state and federal leaders to take action to protect our community,” Wolf said during a roundtable discussion. “Unfortunately, what we’ve seen is the opposite from certain elected officials and jurisdictions around the country and right here in North Carolina."

North Carolina legislators and members of Congress — in particular U.S. Sen. Thom Tillis — have emphasized the detainer issue this year, pointing to data from ICE showing local authorities had refused to honor nearly 500 detainers as of late August.

The Associated Press contributed to this report.