Laramie County sheriff secures first agreement allowing deputies to act as ICE agents

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CHEYENNE — Some deputies with the Laramie County Sheriff's Office will now be authorized to interrogate and process suspected undocumented immigrants per an Immigration and Customs Enforcement (ICE) 287(g) Jail Enforcement Agreement.
On May 20, LCSO joined agencies in more than 40 states officially participating in the Jail Enforcement Model (JEM), one of three models offered to local law enforcement that empower officers to act as ICE agents, with some limitations.
Named for Section 287(g) of the Immigration and Nationality Act (INA), these agreements allow ICE to delegate some of its responsibilities to state and local law enforcement officers.
LCSO is pursuing all three agreements available to law enforcement, including the Warrant Service Officer (WSO) model and the Task Force Model (TFM), both of which are pending approval.
'Our focus on investigations for immigration is going to be kept to traffic stops and on the interstates for interdiction, or if you wind up in jail,' Laramie County Sheriff Brian Kozak told the Wyoming Tribune Eagle on Friday. 'Our policy is going to be pretty clear that our deputies, when they go to a call or do an investigation, do not ask about immigration status.'
Regardless of Kozak's intent, these programs have been heavily criticized by the American Civil Liberties Union (ACLU) and others for potential financial and civil rights consequences, relying on law enforcement to do ICE's job at the expense of services to locals.
Each agreement requires local law enforcement to take on different immigration tasks typically associated with ICE, said ACLU of Wyoming Senior Staff Attorney Andrew Malone. Even though there is training required, it is not as rigorous as the training for full-time ICE agents.
The financial, civil rights and local service risks associated with the program don't lessen by pursuing all three contracts, Malone said.
'People are receiving less training, (and) are doing this in addition to their regular jobs,' Malone said.
'The exact scope depends on which type of model, but by choosing to take on all three, you're just kind of multiplying the issues that come with taking on any one of these models.'
While ACLU advocates point to several case studies that demonstrate these risks, Kozak says he doesn't see staffing or financial burdens being an issue.
Kozak added that trust issues between immigrant communities and law enforcement exist regardless of the agreements.
'That's always been an issue, no matter what,' Kozak said. 'Even though we've tried outreach to try to tell people not to be afraid to call us, it's still a problem.'
LCSO has a few Spanish-speaking deputies who work on outreach to Spanish-speaking communities. Two of those deputies will be certified with ICE through the 287(g) agreements, according to Kozak.
The first MOA
While the TFM and WSO agreements are still pending, the JEM agreement is in effect, allowing deputies to process 'removable aliens,' or immigrants who are suspected of violating immigration laws.
Per the memorandum of agreement between LCSO and ICE, deputies assigned to detention duties will perform immigration-related tasks in addition to performing their normal duties.
Under the direction and supervision of ICE, these deputies will have the authority to:
* Interrogate any person held in the jail 'who the officer believes to be an alien about his or her right to remain in the United States.'
* Process for immigration violations for those arrested on federal, state or local offenses.
* Serve and execute warrants of arrest for immigration violations.
* Administer oaths and take and consider evidence, including fingerprinting, photographing and interviewing suspected undocumented immigrants in custody.
* Prepare charging documents, affidavits and take sworn statements for ICE supervisory review.
* Detain and transport arrested immigrants subject to removal.
Per the memorandum, LCSO is responsible for maintaining proper records and is required to notify ICE of a hold related to a suspected immigration violation within 24 hours.
LCSO personnel are also required to 'report all encounters with asserted or suspected claims of U.S. citizenship to ICE immediately, but generally within one hour of the claim.
From deputy to ICE agent
Though he has reiterated the goal to maintain community trust and keep ICE actions restricted to the jail several times, Kozak has recently decided to pursue a contract that will give his deputies immigration authority outside of the jail, the 287(g) TFM.
Kozak recently decided to pursue the more aggressive agreement after reflecting on his experience with law enforcement in Avon, Colorado.
While in Avon, officers working with Kozak encountered two suspected violent offenders who were abusing approximately 18 victims of human trafficking.
'We asked ICE assistance in that case, and they would not assist,' Kozak said. 'We were almost ready to release the offenders because we had no authority to investigate the federal crimes.'
After some pressure, Kozak said ICE eventually assisted. That was in the early 2000s, and now, Kozak says he wants to avoid that situation at all costs.
'I want our deputies who are doing human trafficking interdiction to be able to help victims and do everything all at once,' Kozak said. 'That's the main reason why I changed my mind about (TFM).'
The TFM will allow deputies to be a 'force multiplier' in 'non-custodial settings,' essentially acting as ICE agents outside of the jail, which Kozak intends to utilize in drug and human trafficking interdiction operations.
Now Kozak says that, assuming ICE is pursuing someone suspected of criminal offenses, deputies trained under the TFM agreement could potentially assist ICE with local operations.
Task forces return under Trump
While Kozak is hopeful that these deals will help build community trust, the 287(g) TFM has a history of civil rights abuses, particularly racial profiling, which caused it to be discontinued under the Obama administration, according to the ACLU.
The option for TFM has only recently returned following an executive order from President Donald Trump in January titled 'Protecting the American People Against Invasion.'
'Depending on how each specific agreement is crafted and enforced, all three 287(g) models may expose local law enforcement agencies to potential liability for constitutional and legal violations,' two representatives of the ACLU of Wyoming wrote in an article published May 14.
Despite the agreement's history, Kozak is still intent on utilizing it, pending ICE approval.
'We know I-80 (and) I-25 are the major corridors for human trafficking and drugs,' Kozak said. 'We just want to be effective in what we're doing, and … having our deputies certified to take action on all those issues.'
Kozak added that often those involved in drug trafficking are also 'illegal aliens,' though data from the CATO Institute indicates that the majority of drug traffickers in the U.S. are citizens.
According to the Department of Homeland Security, 'There is no single profile of a human trafficker; their only commonality is that they are driven by profit at the expense of others.'