Iowa sheriff who won’t join immigration enforcement program heeds risk of ‘sanctuary’ status

DES MOINES, Iowa (AP) — An Iowa sheriff is warning that his county may be publicly shamed by the Trump administration for insufficiently backing the president’s immigration agenda, though he says he is “more than happy” to help. He said he just wants to ensure he doesn’t end up with too few officers, jail beds and dollars to respond to the county’s needs.

Dubuque County Sheriff Joe Kennedy, who serves nearly 100,000 people in the area bordering Wisconsin and Illinois, seemed to try not to alienate the federal government when he declined to participate in a program that would commit county revenue and jail space to immigration enforcement. He explained his decision before a packed county chamber this week, drawing mixed reactions.

President Donald Trump directed his administration in an executive order last month to “publish a list of States and local jurisdictions that obstruct the enforcement of Federal immigration laws (sanctuary jurisdictions).” Sanctuaries are generally understood to mean state and local governments that limit cooperation with federal immigration authorities, but Trump didn’t elaborate on the criteria.

Jonathan Thompson, executive director and chief executive officer of the National Sheriffs’ Association, addressed the order in a May 2 note to his members, including Kennedy, according to documents released for the county meeting. Thompson said the list may be published before Trump’s May 28 deadline and he encouraged those interested in training and empowering their officers to enforce immigration laws to “act quickly.”

The number of state and local agencies that have deputized staff to enforce federal immigration laws has soared since Trump took office to 588 in 40 states, with 83 applications pending, as of May 19. Immigration laws are federal, and enforcing them is largely a federal responsibility.

Kennedy replied to an invitation from a U.S. Immigration and Customs Enforcement official in March, saying it wasn’t “a good fit” to enter a 287(g) agreement, which refers to the section of a 1996 law that allows for state and local police to make immigration arrests. He made clear it was about money and jail space, not politics.

“It has generally been my experience that when we partner with larger entities (Federal, state), those agencies usually ‘take’ more than they ‘give.’ Essentially, we usually end up with the short end of the stick in some way,” he wrote.

Kennedy said he would be “more than happy to assist your agents in our area” but asked ICE not to rely on his 181-bed jail because he doesn’t have room.

David Bindert, an official in ICE’s Cedar Rapids, Iowa, office, was sympathetic in his brief response: “No worries Sir, I completely understand, and I thank you for your time in this matter.”

Some residents at a county board of supervisors meeting Monday supported Kennedy, a Democrat. Others wanted him to do more with immigration authorities. A Republican supervisor suggested a 287(g) agreement might cost the county or taxpayers but would be essential for public safety.

Kennedy told residents that his office has been, and will be, a partner to ICE but that a “binding agreement” could detract from other law enforcement work.

“When you partner with the federal government, our employees then have the potential to become their employees,” he said.

An Iowa law prohibits state and local officials from adopting policies that limit cooperation with federal immigration authorities. Attorney General Brenna Bird recently sued the Winneshiek County sheriff over a Facebook post that she said discouraged cooperation, potentially jeopardizing state funding to the county.

The Trump administration has also taken legal action against governments with policies limiting immigration arrests, suing Chicago, Denver and Rochester, New York.

Thompson, who represented his association’s more than 3,000 sheriffs when Trump signed the April 28 order, said the president has been clear that he’d look to “every nook and cranny” for support in enforcing immigration laws.

But Thompson said that each sheriff has to make a decision that’s right for their community. Some may not have money or jail space, jeopardizing other obligations.

“Every sheriff needs another mandate like they need a hole in their head,” he said.

So far Iowa has one agency signed up for the program: the state Department of Public Safety. No other agency is listed as having active or pending 287(g) agreements. Florida has 255, more than any state.

ICE did not respond to AP questions on whether an agency that declined a 287(g) agreement would be included on the administration’s sanctuary list.

Thompson said he doesn’t know.

“What I’m trying to do is advise members,” he said. “There are challenges, there are opportunities and there are risks.”