Sheriff Opposes ICE Pact, Awaits Trump’s ‘Sanctuary’ List

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    In Des Moines, Iowa, a local sheriff has expressed concerns that his county might be put in a negative spotlight by the Trump administration for not fully embracing the president’s immigration policies, though he insists he is eager to collaborate. Sheriff Joe Kennedy of Dubuque County, which hosts around 100,000 residents near the borders of Wisconsin and Illinois, made efforts not to alienate the federal government by refusing to join a program that would allocate county resources and detention facilities to enforcing immigration laws. When explaining his decision to a crowded county chamber recently, responses were mixed.

    Last month, President Donald Trump issued an executive order mandating his administration to reveal a list of states and local jurisdictions that resist enforcing federal immigration laws, commonly referred to as sanctuary jurisdictions. These sanctuaries typically include state and local governments that limit cooperation with federal immigration officials. However, the president’s order did not specify the criteria for this list.

    Jonathan Thompson, who leads the National Sheriffs’ Association, referenced this executive order in a communication to members on May 2, encouraging those who want to train and enable their officers to enforce immigration laws to act promptly, as the list might be published before Trump’s May 28 deadline. Since Trump took office, the number of state and local authorities deputizing staff to enforce federal immigration laws has risen to 588 across 40 states, with 83 applications pending, as reported on May 19. Though immigration laws fall under federal jurisdiction, enforcing them is primarily a federal duty.

    Sheriff Kennedy responded to a proposal from a U.S. Immigration and Customs Enforcement (ICE) official in March, noting that entering a 287(g) agreement was not suitable. This section of a 1996 law enables state and local police to make immigration-related arrests, but Kennedy cited fiscal and space limitations as the primary reasons for his decision, distancing it from politics.

    Kennedy stated concerns over federal and state partnerships historically benefiting those larger entities more than the county itself. “It has generally been my experience that when we partner with larger entities (Federal, state), those agencies usually ‘take’ more than they ‘give.’ Essentially, we usually end up with the short end of the stick in some way,” he explained. He assured ICE he is willing to cooperate locally but made it clear that his 181-bed jail would be insufficient to meet such demands.

    In a response, ICE official David Bindert showed understanding, thanking Kennedy for his consideration on the matter. During a county board of supervisors meeting, discussions among residents revealed a split opinion: some fully supported Kennedy, while others pushed for a stronger alliance with immigration authorities. A Republican supervisor noted that although a 287(g) agreement might incur costs, it would be crucial for public safety.

    Kennedy clarified to residents that his office has historically collaborated with ICE, but a “binding agreement” could impede other critical law enforcement functions. “When you partner with the federal government, our employees then have the potential to become their employees,” he explained.

    Iowa law restricts state and local officials from creating policies that hinder cooperation with federal immigration authorities. Attorney General Brenna Bird has recently taken legal action against the Winneshiek County sheriff, contending that a social media post could hinder cooperation and risk state funding.

    Previous actions by the Trump administration included legal pursuits against municipalities with restrictive immigration enforcement policies, targeting cities like Chicago, Denver, and Rochester, New York. Thompson represented the National Sheriffs’ Association’s over 3,000 members when Trump signed the executive order on April 28, asserting the president’s determination to gain widespread support for immigration law enforcement.

    However, Thompson acknowledged that decisions depend on individual community circumstances, with financial constraints and jail space posing significant challenges. “Every sheriff needs another mandate like they need a hole in their head,” he commented. Presently, Iowa hosts a single agency participating in the program: the state Department of Public Safety. No other agency in Iowa currently has active or pending agreements, while Florida leads with 255 agreements.

    ICE did not clarify whether refusing a 287(g) agreement would place an agency on the administration’s sanctuary jurisdiction list. Thompson remains unsure but advises members to weigh their options, noting, “There are challenges, there are opportunities and there are risks.”