Mecklenburg County Sheriff Garry McFadden and U.S. Immigration and Customs Enforcement are still feuding about how immigration enforcement should be conducted in the county — with dueling press releases, finger-pointing and disagreements over who is following the law.
WFAE’s Julian Berger, who covers immigration, joined Nick de la Canal to discuss the ongoing dispute.
Nick de la Canal: Julian, can you catch us up? When did all of this back and forth begin?
Julian Berger: Well, Nick, in 2018, Sheriff McFadden terminated the county’s participation in ICE’s 287(g) program. That is a voluntary program in which law enforcement agencies nationwide notify ICE whenever someone suspected of being in the country illegally is in a county jail.
Then, last year, lawmakers passed House Bill 10, which forces all sheriffs in the state to work with ICE and hold any suspect with what’s called a detainer in their jail for up to an extra 48 hours to allow time for ICE agents to come and take them into custody. A detainer is basically a document saying, 'hey, please hold this person in jail a bit longer for us.'
However, ICE and Republican state lawmakers have said McFadden has ignored ICE detainers and released individuals earlier than required.
De la Canal: Right. So, ICE says the sheriff is releasing undocumented immigrants from the jail early, before ICE agents can pick them up. What has the sheriff said about this?
Berger: Since House Bill 10 went into effect, McFadden said ICE has failed to pick up 163 undocumented detainees from the Mecklenburg County jail — despite giving ICE a notice that they are in the jail.
McFadden said he can’t unlawfully detain individuals on ICE’s behalf and must release them once the 48 hours are up.
He also said ICE isn’t communicating with him. He said he has called and emailed asking for information, but no one returns his calls. He said ICE should notify him ahead of any enforcement operation in Mecklenburg County, so deputies can be on standby if something goes wrong.
According to an email sent by McFadden to county commissioners, it has cost the sheriff’s office almost $65,000 to house those detainees — about $199 per day.
De la Canal: How is ICE responding to the sheriff?
Berger: So far, ICE hasn’t provided any hard evidence to support its claim that the sheriff isn’t honoring detainers. I have repeatedly tried to contact ICE’s regional spokesperson by email and phone, but have yet to get a response.
Generally, the agency has been pretty tight-lipped. It said agents arrested 24 undocumented immigrants in Mecklenburg County earlier this month, and that six of them had active detainers. They also say there were 18 people with detainers still at large. But the agency hasn't provided names or any other details, so it’s hard for us to verify that.
De la Canal: How are Republican lawmakers reacting?
Republican lawmakers in the North Carolina House filed another bill earlier this month, sort of supplementing House Bill 10. It’s called the Criminal Illegal Alien Enforcement Act. It would require sheriffs to notify ICE two hours before an inmate is released.
McFadden responded to this bill and other bills saying they’re “rushed and poorly conceived.” But he also said if the law passes, he will follow it, and if ICE agents don’t arrive to pick up an inmate within exactly two hours from his call — that person will be released.
De la Canal: And how does McFadden think ICE enforcement impacts the city?
Berger: He said ICE should have told him about the joint operation and why they were arresting these people. He also said that if the 24 individuals who were arrested do pose a threat, ICE should file federal charges against them to be prosecuted — instead of these detainers that just create a temporary, 'please-hold-them-for-ICE situation'.
McFadden said initiatives like 287(g), House Bill 10, and now House Bill 318 erode trust with the community, encourage racial profiling and divert local law enforcement resources, or money.
