The Hillsborough County Sheriff’s Office appears to be backing away from an agreement to detain undocumented immigrants for up to 48 hours on behalf of Immigration and Customs Enforcement, or ICE.
HCSO is expressing some concern about the liability it could create for taxpayers, since the law is still unclear and several prisoners held for ICE have successfully sued local jail operators.
In January, Hillsborough Sheriff Chad Chronister stood shoulder to shoulder with 16 other Florida sheriffs, all vowing to sign a cooperation agreement with ICE, detaining undocumented immigrants for up to 48 in the jails the sheriffs operate.
But it turns out sheriff Chronister never actually signed off on the agreement.
“I was extremely surprised. I thought maybe it was a new thing,” said Immigration Attorney Daniela Carrion, with the Linesch Law Firm.
Carrion says it was news to her. She was pleased by the Sheriff’s reported change of posture, “But as of last week,” she said, “I can tell you I’ve had clients call me directly from jail being placed on ICE holds.”
It seems, says Carrion, that the sheriff is trying to have it both ways. Cooperating with ICE, but by not formally signing-on to the agreement, perhaps trying to avoid civil liability.
“I’m not sure I understand their motive besides pulling out and stating they’re not going to be doing it anymore,” said Carrion, “Because I didn’t understand the motive when they said they were going to sign on.”
Pinellas Sheriff Bob Gualtieri, who is also an attorney, helped craft the agreement with ICE which he believes relieves sheriffs of that legal exposure.
“Their immigration status is between them and ICE,” said Gualtieri when the agreement was made. “It’s not between the sheriff’s office and them.”
Still, Sheriff Chronister says he isn’t so sure. His department’s attorneys have raised doubts.
There is also a case pending in Miami-Dade County which HCSO hopes will clarify who is liable for civil judgment stemming from the 48-hour hold, and any injuries or other issues which might occur during that time period. Local sheriffs, who operate the facilities, or the feds who contract their services.
There’s also a legal question of whether people stopped for minor violations should be held.
Lastly, there’s a potentially chilling effect on some crime fighting. Undocumented people who are victims of, or witnesses to crimes, might be hesitant to come forward.
A sheriff’s spokesperson told the Tampa Bay Times, “It is more important to the Hillsborough County Sheriff’s Office that the community we serve has confidence in knowing that regardless of citizenship status, one can call for assistance or services needed without fear of being deported.”
“A majority of them are undocumented themselves. The majority are living with relatives who are undocumented,” said Carrion. “So, ultimately, it’s not only about what the person and the victim is going through, but what they may see as a repercussion for just making that report.”
Despite concerns, the agreement with ICE which was crafted by Sheriff Gualtieri seems to be strong. Recently, Gualtieri said he has had a similar policy in place at his own jail for the past three years - without being sued.
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