Jun 30

Jun 30 Local sheriffs react to passage of ICE detainer bill

Local sheriffs say a bill passed this week by the General Assembly only codifies what they are already putting into practice.

The Senate passed HB370 on Monday on a 25-18, straight party-line vote. While the bill still has to go through another vote in the House before it lands on Gov. Cooper’s desk, Cooper has already signaled his opposition to the measure that would require all sheriffs and police departments to comply with Immigrations and Customs Enforcement detainers for prisoners in custody for other offenses.

The bill would also require law enforcement to attempt to determine the legal status of those in custody, and make an inquiry to ICE for any whose status cannot be determined. Failure to comply would become grounds for removal from office. You can read the bill itself here.

The bill came about as a response to announcements from sheriffs in Wake, Mecklenburg and other urban counties that they would no longer comply with ICE detainers for those in their custody. Reps. John Bell (R-Wayne), Chris Humphrey (R- Lenoir) and Pat McElraft (R-Carteret) all signed on as co-sponsors for the bill in the House.

Jones County Sheriff Danny Heath said the passage of the bill won’t change anything about how he operates, since he already cooperates with any ICE detainers he receives.

“I’ve always cooperated with ICE fully and will continue to do so. I think it’s sad that they have to [pass the bill],” Heath said. “This is a bunch of controversy over nothing, a couple of sheriffs showboating for media attention.”

Greene County Sheriff Lemmie Smith said the issue boiled down to following the laws already on the books.

“I’m not going to do anything illegal, and I’ve always been that way,” Smith said. “If I’ve got a detainer to hold somebody, I’m going to hold that person unless a judge orders me to release them. I’m going to go within the law, and do what the law tells me to do.”

Lenoir County already complies with ICE detainers, according to Sheriff Ronnie Ingram.

“We really don’t have an issue with it. We were already honoring the detainers, so it really isn’t an issue,” Ingram said.

Should Gov. Cooper veto the measure when it comes before him, it is unclear if Republicans would be able to muster enough votes to override it.