No racial profiling, sanctuary county here, Harkins says
By Eric Leins
Less than 48 hours after being denied federal grant money by county leadership and hearing public criticism from several Blaine County residents regarding his office’s handling of undocumented immigrants who have been arrested for a separate alleged crime, Sheriff Steve Harkins blasted back. The former Ketchum patrol officer, detective and police chief called the criticisms regarding local cooperation with federal Immigration and Customs Enforcement (ICE) policies “misinformed” and part of a politicized effort to make Blaine County a so-called “sanctuary county”—a local jurisdiction that limits its cooperation with a federal government’s effort to enforce national, in this case, immigration law.
At its July 19 meeting, the Blaine County Board of Commissioners considered whether to accept federal SCAAP (State Criminal Alien Assistance Program) funding, doled out annually to state and local correctional facilities. The Blaine County Sheriff’s Office has received these funds since 2001. At issue is whether to accept the grant money for the years 2020 – 2022. Commissioners heard from five members of the public who urged the county to not accept these funds due to what they believe are inequities embedded into justice system procedures and law enforcement practices.
Commissioners ultimately agreed, and declined the federal funds. None of it sat well with the Sheriff.
“The statements made by the Chairman of the Board are an insult to myself and all members of the Blaine County Sheriff’s Office. … I will state unequivocally that my (deputies) do not profile people based on race or any other reason and treat everyone they encounter with empathy, dignity and respect,” Harkins said. “The real issue at hand is that the Blaine County Board of Commissioners and a segment of our community don’t agree with the fact that at my direction, the Blaine County Detention Center cooperates with ICE. The Board has received pressure from and has been fed a lot of false information from those who feel that Blaine County should be a ‘Sanctuary County.’ The Board has drafted an ordinance that would attempt to alter and limit the duties of the Sheriff by creating a ‘Sanctuary County.’”
That was Harkins’ sentiment, which he then followed with a more systematic detailing of the federal funding program, how those funds are used locally, and how his deputies conduct themselves in the field and at the county jail. What follows are highlights of Harkins’ letter to the public.
• SCAAP is a federal program that awards reimbursement funds to local and state correctional facilities that have housed “undocumented criminal aliens.” This is a term that the federal government uses, and for the purposes of the SCAAP funding, it is defined as an undocumented person in the United States who has been convicted in a court of law of a felony or two or more misdemeanors.
• The reimbursement payment in the discussion was $14,568 for the fiscal year 2020. We have already submitted FY 2021 and 2022, which I assume will not be accepted by the Board. Therefore, the taxpayers of Blaine County will lose approximately $45,000 in future SCAAP funding. These funds are not used for immigration purposes but used for “correctional” purposes, such as buying supplies or needs for all inmates.
• By statute, I am required to operate our jail and accept people who have been arrested and charged with crimes. During the booking process, I am required to identify the individual which can be done by a government-issued identification card, any government-issued passport, a previous booking in the Blaine County Detention Center, or by fingerprint identification. We ask the detainee basic questions as to their identity, where they live, where they were born, their date of birth, their occupation, etc.
• If a person is not able to be identified by these means or if there are any doubts as to their identity, my detention staff will attempt to identify the person by contacting ICE which has the authority to place a hold on the person if they meet ICE’s criteria. ICE will only place a hold if it meets their “priority” criteria. Those who meet these criteria are determined by ICE to be a threat to (1) public safety; (2) border security; and/or (3) national security. More often than not ICE will determine that the person is not a priority for removal and release the hold.
• If an ICE hold is placed on an individual, ICE has the option to take custody of the person before they are released from our custody. If a person can post a bond, has satisfied their sentence, or is otherwise able to be released, ICE must come to take custody of the person before their release.
• Patrol deputies and police officers in Blaine County will not ask people for citizenship documents during traffic stops or when contacted. We have never done this, yet I understand there is fear in the community that people will be asked to prove citizenship or they will be arrested and deported. I have heard stories that someone was arrested for having snow covering their license plate and then deported. This is absolutely false!
• There are times when people commit unthinkable crimes and they need to be held accountable regardless of their citizenship. That is what the court system is for, and once convicted, the court has the option to send people to jail or prison. If that person happens to unlawfully be in the United States, the federal government may remove them from the county.
• Lastly, if you are an undocumented person and a victim of a crime or in need of law enforcement, I ask that you call us. My patrol deputies and detectives do not care about your immigration status and I promise you will receive fair and equitable treatment just as anyone else.
Icing on the Cake
Harkins’ statement was issued to the press and posted on the Blaine County Sheriff’s Facebook page. Numerous comments of support for the Sheriff followed. However, his side lost this round and in that same comments section of the Facebook post was one by local attorney J. McCarthy who also spoke at last week’s session. Regarding ICE policies and the Sheriff’s cooperation with them, McCarthy said this:
“I have had multiple clients held on ICE detainers including by your jail. Your Office even detained a former client of mine who was a citizen (but Latino and a Spanish speaker). It has an impact of fear, division and encourages stops and detentions based on perceived nationality. It does not allow the realistic ability for those charged to bond out. For everyone is innocent until proven guilty and should be entitled to a reasonable bond. The Constitution is fairly straightforward. Immigration is preempted as a Congressional responsibility under Art. 1 Sec. 8. The Fourth Amendment requires a warrant based upon probable cause for seizure. ICE detainers are not warrants and therefore lack review or signature of a Judge. These decisions are made by ICE agents without review or transparency. Moreover the 14th Amendment requires the 4th Amendment is applied to the States and requires due process which there is little to none with ICE detentions. Your Office does not even have a Memorandum of Agreement for proper training on the issue under the INA 287(g). If you want to hold true to your oath to the Constitution then abandon your cooperation with ICE detentions on federal civil issues. The act of coming into the U.S. without inspection is a federal misdemeanor crime. Physical presence as undocumented is not a crime.”