“I will end 287(g) on day one because our Sheriff should be protecting due process, not helping ICE bypass our courts. It’s time to stop using administrative signatures to deny Frederick County residents their day in local court.”
The Sheriff of Frederick County is the current sole decision maker in deciding Frederick County’s participation in assisting ICE. Currently, the Sheriff’s Office utilizes a “jail based” model in which every individual brought to jail is questioned regarding their immigration status. ICE is informed of these arrests and can issue detainers, including “non-criminal” detainers. Often, ICE is relying on administrative warrants that are signed by an administrative official, instead of a judicial warrant signed by a judge.
The 287(g) cooperation has led to ICE issuing administrative warrant detainers for Frederick County residents arrested and charged for misdemeanors. Prior to the trial for the charged individual, the Sheriff transfers the individual to ICE custody before they have their day in court. The Sheriff’s Office participation in 287(g) aids ICE in circumventing the judicial system. Detained individuals do not get their day in local court for their local charge. Additionally, ICE under President Trump, has a proven track record of circumventing the federal judiciary system.
Due process protections are a vital and fundamental aspect of our society’s justice system. Frederick County’s cooperation with the 287(g) program is leading Frederick County to become complicit in violating due process for residents.