What powers do Butler County sheriff deputies have under the ICE agreement?
A number of Butler County sheriff’s deputies will be trained and authorized to conduct some “immigration officer functions” under an agreement signed last week with U.S. Immigration and Customs Enforcement.
On June 23, Sheriff Michael Slupe signed a memorandum of understanding that includes a list of what actions trained deputies can conduct under ICE direction, the procedure for conducting immigration investigations and who will be liable for costs.
According to the agreement, deputies will have federal authority under ICE direction to arrest without a warrant and interrogate suspected undocumented immigrants in the county. Deputies may also arrest suspected undocumented immigrants if they believe they are likely to flee before a warrant can be obtained or if they have committed a felony.
However, Slupe said Wednesday his office would refuse to make an arrest without legal paperwork, such as a bench warrant.
Deputies conducting immigration enforcement must be supervised and directed by ICE, according to the agreement. They must contact an ICE supervisor for guidance as soon as possible when performing ICE functions. ICE supervisors are to continually evaluate deputy actions.
Deputies may also be assigned to assist ICE elsewhere with criminal investigations.
Trained deputies may also execute arrest warrants issued by ICE, consider evidence, prepare charging documents, issue detainers and take custody of suspected undocumented immigrants on behalf of ICE.
After an arrest, the deputy must bring the suspected undocumented immigrant before an immigration officer with the authority to examine their legal status and transport them to an ICE-approved detention facility.
ICE will also provide the authorized deputies access to ICE and Department of Homeland Security databases under the agreement. In turn, the sheriff’s office will provide ICE with all addresses, phone numbers and suspected identities of a suspected undocumented immigrant before acting.
If a suspected undocumented immigrant is convicted of a state or local crime, ICE must wait until their sentence is served to take custody, according to the agreement.
The agreement holds the sheriff’s office liable for all costs associated with carrying out ICE investigations. ICE will provide instructors and training materials, but deputies will use their regular equipment and materials in the field.
According to Slupe, costs will fit within the existing sheriff’s office budget.
In the case of a potential lawsuit, Slupe said he assumes the federal government would be liable for any resulting judgment, “as long as we’re under their jurisdiction.”
The sheriff’s office must also provide interpreters for those who speak limited or no English.
Despite the sheriff’s office being liable for potential personnel and property expenses, deputies are considered federal employees in the agreement when conducting ICE investigations.
The sheriff’s office must also coordinate with ICE before releasing information to the public. Information the sheriff’s office obtains in the agreement belongs to ICE and is not to be disclosed without approval, according to the agreement. ICE records are not subject to open records laws.
Deputies sued in a personal capacity while conducting ICE investigations may request representation from the U.S. Department of Justice.
Any complaints the sheriff’s office receives regarding its conduct of ICE investigations should be resolved within 90 days, according to the agreement.
According to the agreement, Slupe will nominate deputies to take a 40-hour online training and certification course. He said not all of the office’s 36 deputies will receive the training.
The training course discusses the deputy’s authority under the agreement, immigration and civil rights laws, ICE policies and detention, liability and cross-cultural issues.
Eligible deputies must also have two years of law enforcement experience and be a U.S. citizen. The training will be equivalent to what’s provided to ICE officers, according to the agreement. Trained deputies will be authorized to conduct ICE investigations for up to two years. Authorization may be revoked by ICE or the sheriff’s office at any time.
ICE may suspend or terminate the agreement if any alleged misconduct cannot be resolved. Termination requires a 90-day notice to the sheriff’s office.
Eagle staff writer Zach Zimmerman contributed to this report.