One month after House Bill 318 took effect requiring sheriffs to work more closely with Immigration and Customs Enforcement, Mecklenburg County Sheriff Garry McFadden says he’s navigating new challenges. He recently met with ICE officials to discuss communication under the new law. WFAE's Julian Berger sat down with McFadden last week to learn more.
The following conversation has been edited for length and clarity.
Julian Berger: Sheriff McFadden, can you walk me through what led up to your recent meeting with ICE officials?
Sheriff Garry McFadden: I decided to write ICE a letter, and that was Oct. 1, and that basically said, we’re going to have to work together. We’re going to have to stop the name calling. We’re going to have to stop the news interviews, one-on-one, pointing fingers, and let’s make this happen. We’re talking about human beings. We’re talking about humanity. We’re talking about safety.
Berger: What did that meeting with ICE officials actually look like?
McFadden: We had about an hour conversation, and I gave them some guidelines if they're going to operate in and around the courthouse. These are the guidelines and protocols that we wish they would adhere to and follow with our assistance.
Berger: Some people think that this meeting means your office is now cooperating with ICE. What’s your response to that?
McFadden: Well, we're all going to cooperate because the law now requires us and has always required us. And we have always cooperated, but people take the word game and twist it. We’re not into enforcing any laws with ICE in the public sector. We're just doing what House Bill 318 requires us to do and how we believe that it can be a safer environment if we work together when they're operating at the courthouse, inside the courthouse, or around on the courthouse grounds.
Berger: Since the law went into effect, your office says you’ve received more than 90 detainers, and 33 undocumented inmates have been picked up. What’s your take on those numbers?
McFadden: I don't think I could say the numbers high and low. The only thing that concerns me is the revolving door of those 33 people. If ICE decides to deport these people without notification to the district attorney’s office, when their names are called into court to appear in court or be arraigned for those charges, and the courts are not aware of them, then the judge will then issue an order for their arrest, failure to appear. You're actually taking away and erasing the criminal charges and letting these people go home.
Berger: You’ve also mentioned that this law can impact crime victims. How so?
McFadden: It goes back to what message are we sending the victim? If these individuals are deported without having their day in court, if these people are arrested for assault on a female, child abuse, strangulation, sexual assault, okay, let them play this out in court. But how can it make it safer if we are saying your charges don't matter, they are going to be deported, and they are never tried, convicted, pled guilty to those charges?
Berger: You ended Mecklenburg County’s 287(g) partnership with ICE when you took office. What are you hearing from immigrants in the community now that House Bill 318 is in effect?
McFadden: It brings a lot of fear. It brings nothing but fear, uncertainty. It is a fluid thing. When you have House Bill 10 and that didn't work, then we get another house bill. Everybody’s afraid, and we’re living in uncertain times. But I think people will be more reluctant to talk to law enforcement because of the heightened awareness of what ICE and Homeland Security is doing.
Berger: How are you trying to rebuild that trust with immigrants?
McFadden: We’re still talking to a lot of people. We’re still trying to have those conversations. But when you live in fear, that’s hard to deal with. When you walk out of your house, you’re driving to the store, every moment of your life, you live in fear. That’s different than being scared.
