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.
That’s why the ACLU of Wyoming is reminding local law enforcement officials that they have no obligation to participate in federal immigration enforcement, through both 287(g) agreements and ICE detainer requests, and that their engagement could harm public safety, lead to serious legal liabilities and impose heavy financial burdens on their counties.
The ACLU 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. Local law enforcement is not obligated under federal law to participate in immigration enforcement, and in fact, face potential legal liability for doing so.
“The federal government has indicated that mass deportations are a priority for the current administration. However, what the federal government wants is not what’s best for Wyoming,” said Libby Skarin, ACLU of Wyoming executive director. “Wyoming officials should know they have a choice about using local resources on a flawed, inhumane and arbitrary immigration agenda. Compliance with ICE will not improve public safety or protect our communities. The ACLU of Wyoming will do everything in our power to preserve the dignity and humanity of immigrants and asylum seekers living in Wyoming.”
In the letter, the ACLU raises 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.
Additionally, the ACLU reminds law enforcement agencies that they 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.
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.
“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. 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,” Skarin said. “We encourage local law enforcement to put the needs of their local communities first and decline to participate in unnecessary, voluntary immigration enforcement.”
The ACLU’s letter to Wyoming’s sheriff departments is below.
About the ACLU of Wyoming
The American Civil Liberties Union of Wyoming is a non-partisan, nonprofit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of Wyoming is part of a three-state chapter that also includes North Dakota and South Dakota. The team in Wyoming is supported by staff in those states.
The ACLU believes freedoms of press, speech, assembly, and religion, and the rights to due process, equal protection and privacy, are fundamental to a free people. In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women, and the LGBTQ communities. The ACLU of Wyoming carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for the people of Wyoming.
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