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Home > Archive > Apr 10, 2008

By Commissioner Alan Gardner
Washington County Board of Commissioners
Balancing competing interests with the singular intent of doing what is right and in the public’s best interest can be difficult and demanding. After more than a decade of public service, I’ve come across some very difficult and thorny public policy issues, but none has surfaced, at least at the local level, that is seemingly more difficult and intractable than the many issues surrounding illegal immigration.
Illegal immigration, while not a new issue, has catapulted to the forefront of the public’s awareness over the past several years. Letters to the editor in our newspapers have regularly castigated everyone, from the president of the United States to the city mayor. Local leaders have learned that the old cliché, “It’s a federal problem,” just doesn’t cut it any more. After failing to control the nation’s borders or otherwise find an amenable resolution to the problem at the federal level, state and local government have been diligently seeking effective work-around solutions to this national problem. Finding a comprehensive, workable solution has many challenges.
Our County Attorney, Brock Belnap, has been working closely with elected officials and local law enforcement officials in crafting practical and workable mechanisms for dealing with the problem. Although local law enforcement can use inherent authority to make arrests for violations of federal immigration law, our local courts can’t prosecute or enforce federal law. However, instead of focusing on what can’t be done, our focus has shifted to that which can be accomplished, legally. Each year, our deputies and police officers make thousands of arrests. When booking arrestees into the Purgatory Correctional Facility, we’re now making a bona fide attempt to determine the arrestee’s country of origin. In those instances when an illegal alien is charged with a crime, Purgatory officials work with the Immigrations and Customs Enforcement (ICE) Agency to secure a federal detainer.
Under the provisions of an ICE detainer, a defendant charged with a crime cannot simply “bail out” by posting the requisite bail but must instead remain incarcerated until the case is heard and fully resolved. It is important to note that the federal government does not reimburse the county for illegal aliens held in Purgatory on an ICE detainer. The cost is borne solely by county taxpayers. After resolution of the non-federal criminal charges in our local court system, and after the prescribed sentence has been satisfied, the defendant is then turned over to Federal ICE officers. ICE officials then make a determination whether or not they will deport the individual in question.
Unfortunately, there are several federal bottlenecks that limit the federal government’s response. Some of the bottlenecks are a federal court system that is overloaded, insufficient and inadequately sized federal holding facilities, and an inadequate process for actually deporting prisoners out of the country. Generally speaking, the government is only taking effective action against those individuals that have been convicted of a serious crime (usually a Class A Misdemeanor or Felony).
The Sheriff has petitioned the U.S. Immigration and Customs Enforcement, in a cooperative venture with all of our local police departments, to request participation and training in the Delegation of Authority program pursuant to Section 287(g) of the Immigration and Naturalization Act. In his request, Sheriff Smith asked for a total of five corrections officers to receive training in immigration enforcement activity, as prescribed and allowed by law.
The Washington County Commission, working in concert with the County Attorney’s Office, is developing an ordinance that will require contractors working for the county to verify the work eligibility status of their employees.
At the present time, the Purgatory Correctional Facility is running at or near full capacity. We are currently studying various limited expansion options for the jail, in part to allow us the continued ability to detain illegal aliens who are arrested for violation of state and or local laws. We are sending a clear message: We will not be a sanctuary county, and there are no sanctuary cities in Washington County.
Like the rock and the hard place, there are no painless solutions, and there are going to be real costs associated with taking an active stance against illegal immigration. We’re taking action to address this issue. If you have any comments or suggestions, I’d like to hear from you.

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