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Sheriff clarifies addition to ICE agreement in Freeborn County
Sheriff clarifies addition to ICE agreement in Freeborn County

Yahoo

time12-04-2025

  • Politics
  • Yahoo

Sheriff clarifies addition to ICE agreement in Freeborn County

Apr. 11—New program would allow local jail staff to serve immigration warrants in the jail The Freeborn County Sheriff's Office has applied for an addendum to its U.S. Immigration and Customs Enforcement agreement that will allow staff in the Freeborn County jail to serve ICE immigration warrants as requested by the federal government to local inmates brought into the jail under separate criminal charges. Sheriff Ryan Shea said the ICE Warrant Service Officer Program would only be utilized in the jail by a handful of detention staff and would not be used by licensed local law enforcement out in the community. Shea said the program would eliminate someone from ICE having to come down to Freeborn County to deliver an immigration-related warrant to an inmate in the county. "We won't be going and picking people up on ICE warrants," the sheriff said. "It's just a paperwork type of a thing for in the detention center." According to the ICE website, the Warrant Service Officer program allows ICE to train, certify and authorize state and local law enforcement officers to serve and execute administrative warrants on people living in the country illegally who are in their agency's jail. The program is part of the larger 287(g) Program, which President Donald Trump in January authorized to be used to the maximum extent permitted by law under Section 287(g) of the Immigration and Nationality Act. There are two other models in the program, including the Task Force Model, which would allow local law enforcement to enforce limited immigration authority with ICE oversight during routine police duties. Freeborn County is not signing on for the other two programs. Currently in Minnesota, Cass, Crow Wing and Itasca counties have signed on for the Task Force Model, while Freeborn and Jackson counties are with the Warrant Service Officer Model. Jackson County has also signed on for the Jail Enforcement Model. Freeborn County has had an agreement with ICE since 2009, and a majority of inmates currently found in the county's jail are being held through ICE. Shea said there are usually between 30 and 35 local inmates, and right now some of those are being housed at other jails. He estimated about 65% of local inmates are still being held in the county. Shea said he could not discuss what the county is getting paid for its contract but said last January he applied for an increase in the county's per diem rates, which had not been changed since 2019. That process has taken over a year. He said as of April 2, the government started paying the county its new per diem rate, though the contract has not been officially signed. He also negotiated a new transport rate, which had not been updated since the start of the contract.

Arkansas Senate bill would bring harsher penalties to violent criminals in US illegally
Arkansas Senate bill would bring harsher penalties to violent criminals in US illegally

Yahoo

time11-04-2025

  • Politics
  • Yahoo

Arkansas Senate bill would bring harsher penalties to violent criminals in US illegally

BENTONVILLE, Ark. (KNWA/KFTA) — Senate Bill 426 was delivered to the Arkansas Gov. Sarah Huckabee Sanders' desk April 10, and aims to strengthen the state's defense against people who enter the United States illegally and commit felonies through multiple tactics. The bill, if signed into law, would enhance penalties for people in the U.S. illegally who commit violent felonies, ensure sheriff's offices and the Division of Corrections' involvement in the 'Warrant Service Officer Program,' and expand the state ban on sanctuary cities. 'Senate Bill 426 is a continued aim to keep our streets safe in the state of Arkansas,' said Arkansas Senate President Pro Tempore Bart Hester (R-Cave Springs), who is the lead sponsor on the bill. He said that Arkansas is the number one state for inbound migration because it is seen as safe, which he believes discourages gangs of illegal immigrants within the country from coming to Arkansas to commit crimes. 'If you come here, if you are here illegally and you commit a violent crime, we're going to put you away for a very long time,' said Hester. According to Hester, the bill's target is illegal immigrants within the state who commit violent crimes, not limited to crime with a gun, murder, rape, or physical abuse. Those who fall into this category would receive an enhanced penalty for the crime. 'So, if you rape somebody, you're going to get an additional ten years that you're not eligible for parole,' said Hester. The third and fourth section of the bill addresses county sheriff's offices and the Arkansas Division of Corrections' involvement in the 287(g) program. According to U.S. Immigration and Customs Enforcement, the 287(g) program operates in three models: the task force model, the jail enforcement model and the warrant service officer program, the latter two being addressed within SB 426. The Jail Enforcement Model is utilized to 'identify and process removable aliens' who have criminal or pending criminal charges and are arrested by state or local law enforcement agencies. Bill to allocate $750 million for new Arkansas prison likely not returning to Senate after multiple failures The Warrant Service Officer Program gives ICE the ability to 'train, certify and authorize state and local law enforcement officers' to carry out administrative warrants on people in the U.S. illegally within their jails. Hester said the No. 1 thing to understand about the Warrant Service Officer Program is that it does not make local police officers and sheriff deputies part of ICE. 'Nothing changes with that at all. If you see them in the community, they are not part of the federal government. But if you are arrested, once you get into the in the jail because you've committed a crime, you are arrested, then we are requiring them to notify the federal government of your legal status,' said Hester. The U.S. Immigration and Customs Enforcement website lists the Benton County Sheriff's Office as one of two Arkansas counties participating currently in the jail enforcement model. Though the bill focuses on illegal immigrants who commit violent crimes, the organization Aire is speaking out against the bill, with Aire member Alexa Roldan saying the bill increases fear within the immigrant community. 'It would increase fear within the immigrant community. Towards law enforcement, which we don't want that either. We want them to feel safe in the community that they're in,' said Roldan. According to Roldan, the bill not only impacts the immigrant communities' relationship with law enforcement but also creates what she believes is an unfair justice system. 'If it's the same crime, it's the same crime. The intent was still bad. It doesn't matter what your status is or who you are, what your color is, or what language you speak at home. A crime is a crime, period. So the fact that there's a different charge depending on literally who you are and where you stand as a person in the United States, that's just not fair,' said Roldan. Hester said he believes immigration is what makes America great when acquired correctly and legally. 'We want everyone that wants to come here and follow the process. We want them to be here. We're very welcoming people of the state of Arkansas. But it says that you cannot have a local city create a place that is safe for people to be here illegally,' said Hester regarding Section 5 of the Senate Bill. Section 5 states that local governments cannot enact or adopt sanctuary policies, and if they do, they are no longer eligible for 'discretionary money' provided by the state government, such as funds or grants. Roldan said she has spent her entire life in Bentonville, but as a daughter of immigrants, she said she feels her family will be seen as criminals due to bills like SB 426. 'The concern about the immigrant community and how they're going to feel about it all, knowing that there's no one place where they can feel safe and feel like they can go about their lives, about just living like every other person here, and also just how it's going to impact the mental health of many other people,' said Roldan. Hester said that he recognizes that the immigrant community is concerned with reporting crimes committed against them, especially with family members who may be here illegally. 'I really want to communicate that your local police officers, local sheriff's deputies, are not participating with the federal government unless you get arrested and are in prison. So we absolutely want everyone to know that you should be protected and safe while you're here in the state of Arkansas,' said Hester. Sanders has five days to sign the bill once it crosses her desk. Hester and Roldan believe that Sanders will sign the bill, which will pass it into law. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Harsher punishments for crimes by undocumented immigrants will be reheard in Arkansas committee
Harsher punishments for crimes by undocumented immigrants will be reheard in Arkansas committee

Yahoo

time01-04-2025

  • Politics
  • Yahoo

Harsher punishments for crimes by undocumented immigrants will be reheard in Arkansas committee

Criminal defense attorney Jeff Rosenzweig (left) speaks against the Defense Against Criminal Illegals Act, sponsored by Senate President Pro Tempore Bart Hester (right), R-Cave Springs, before the Senate Judiciary Committee on Monday, March 31, 2025. (Tess Vrbin/Arkansas Advocate) An Arkansas Senate committee approved a bill Monday that would impose harsher penalties on undocumented migrants who commit 'serious felony' crimes 'involving violence' in the state. But Senate President Pro Tempore Bart Hester, primary sponsor of Senate Bill 426, or the Defense Against Criminal Illegals Act, will be considered a second time by the Senate Judiciary Committee after the Cave Springs Republican amended it later on Monday to change the schedule of penalties outlined in the bill. Under the version of SB 426 that passed committee Monday, undocumented migrants with initial charges of Class Y felonies — the most serious — would have faced two to 10 extra years of prison time. Felony charges under the lower four classes would have been upgraded one class. Some felonies also are unclassified. The amended bill would create the following penalties for people 'illegally or unlawfully in the United States' at the time of an offense: A person convicted of a Class D felony, or an unclassified felony with no more than six years of prison time, would get up to four years added to the sentence A person convicted of a Class A, B or C felony, or an unclassified felony with a prison sentence between six and 30 years, would get up to 10 years added to the sentence A person convicted of a Class Y felony, or an unclassified felony with a prison sentence of longer than 30 years or life, would get up to 20 years added to the sentence. SB426-S2 SB 426 includes a list of violent felonies that would precipitate enhanced penalties, including first-degree and second-degree murder, rape, arson, terroristic acts and threatening, first-degree battery and aggravated assault, among other things. The bill would also mandate that Arkansas law enforcement agencies participate in a federal program that deputizes them to help U.S. Immigration and Customs Enforcement in the apprehension and deportation of undocumented migrants held in local jails and state prisons. The 287(g) program, specifically the Warrant Service Officer Program, authorizes participating agencies to serve administrative warrants under federal immigration law. The American Civil Liberties Union of Arkansas opposes the bill because it 'would divert local resources from public safety to federal law enforcement' and 'prevents cities and counties from determining what is best' for their residents, policy director Sarah Everett told the Senate Judiciary Committee. 'We don't feel that bills like this really do anything to help public safety,' said Everett, one of two people to speak against the bill. 'I don't think most people are doing a whole lot of math when they're thinking about committing a crime. What we really need to be focusing on is preventing crime in the first place.' The sheriff's offices in Craighead and Benton counties already have 287(g) cooperation agreements, according to the U.S. Immigration and Customs Enforcements webpage. U.S. House Republicans have been vocally supportive of the program. Local law enforcement officers would not be required to participate in the program until after they have someone arrested and in custody, Hester said in response to questions from the committee. 'We do not want to make this a place where violent criminals come,' Hester said. 'We do not want to be a place where we're seeing all these gangs start to move to.' President Donald Trump's administration asked the U.S. Supreme Court last week to allow the deportations of Venezuelans accused of gang ties to continue. Cracking down on illegal immigration, including with 'mass deportations,' was a primary talking point of Trump's reelection campaign last year. Even sanctuary policies can't stop ICE arrests Gov. Sarah Huckabee Sanders, who was Trump's press secretary during part of his first term, held a press conference earlier this month expressing support for the Defense Against Criminal Illegals Act, which she previously named as a policy priority during her State of the State address. The bill would also expand the state's ban on sanctuary cities, which signify a lack of cooperation with federal immigration authorities, and prohibit all local governments from adopting such policies, even in unincorporated areas. The state would withhold discretionary grants or other funds from any 'local government that adopts or enacts a sanctuary policy' until the policy is repealed. Similarly, Trump signed an executive order Jan. 20, his first day back in the White House, saying the federal government must withhold funds from sanctuary jurisdictions. Sanctuary policies are largely symbolic and do not enable local officials to prevent ICE arrests, Stateline reported in February. The Senate Judiciary Committee passed SB 426 with no audible dissent. The committee's sole Democrat, Sen. Clarke Tucker of Little Rock, was absent during the discussion and vote. Increasing the length of criminals' incarceration does not prevent crime, Everett said, and she questioned how much SB 426 would cost taxpayers since incarceration itself costs money. The Senate is set to vote Tuesday on a $750 million appropriation to begin construction of a new 3,000-bed prison in Franklin County that has generated frustration from lawmakers and Arkansans. The Sanders administration has said the prison is needed to address overcrowding in county jails. Everett said SB 426 will have 'unintended consequences.' Judiciary Committee chairman Sen. Alan Clark, R-Lonsdale, said 'not controlling the border' between the U.S. and Mexico also has 'unintended consequences.' No members of the public spoke for the bill. Besides Everett, the other opponent of SB 426 was criminal defense attorney Jeff Rosenzweig, who said the bill lacks a strong enough definition of what makes an immigrant 'illegal.' The Trump administration has recently been canceling the visas and green cards of legal immigrants, Rosenzweig noted, and he said SB 426 could be improved by requiring authorities to provide notice to individuals whose legal status was revoked. 'You can be lawful one day and unlawful the next, depending on what some ICE agent or some Cabinet official or someone in between said,' Rosenzweig said. He also noted that everyone on U.S. soil, not just U.S. citizens, is subject to due process and a jury trial if they face criminal charges. Sen. Blake Johnson, R-Corning, said he disagreed with Rosenzweig's suggestion to add a notification requirement to SB 426. 'It's their job [as immigrants] to know whether they're here legally or not,' Johnson said. The Senate Judiciary Committee's next meeting is scheduled for 10 a.m. Wednesday. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

Sanders hypes bill to crack down on undocumented migrants who commit crimes
Sanders hypes bill to crack down on undocumented migrants who commit crimes

Yahoo

time17-03-2025

  • Politics
  • Yahoo

Sanders hypes bill to crack down on undocumented migrants who commit crimes

Gov. Sarah Huckabee Sanders (right) talks with (left to right) Lt. Col. Mike Kennedy of Arkansas State Police and state Rep. Frances Cavanaugh, R-Walnut Ridge, after Sanders announced the introduction of an immigration bill sponsored by Cavanaugh and Sen. Bart Hester, R-Cave Springs. (Photo by Sonny Albarado/Arkansas Advocate) Gov. Sarah Huckabee Sanders tied Arkansas immigration policy to President Donald Trump in announcing proposed legislation Monday that will impose harsher penalties on undocumented migrants who commit crimes in the state. 'After only a few months in office, President Trump has brought law and order back to our country, and Arkansas will continue to partner with him and help lead the way,' Sanders said in a press conference. The legislation, Senate Bill 426, expands the state ban against so-called 'sanctuary cities' into all unincorporated communities and counties and mandates Arkansas law enforcement agencies participate in a federal program that deputizes them to help U.S. Immigration and Customs Enforcement in apprehension and deportation of undocumented migrants held in local jails and state prisons. 'The Defense Against Criminal Illegals Act makes it clear: Arkansas will not tolerate violent, criminal illegals and will do our part to help the Trump administration keep our citizens safe,' Sanders said as state troopers and county sheriffs stood behind her in the governor's conference room at the state Capitol. Senate President Pro Tempore Bart Hester, R-Cave Springs, and Rep. Fran Cavanaugh, R-Walnut Ridge, are lead sponsors of SB 426. Hester could not attend the press conference but said in a press release that the 'legislation will help Arkansas reduce violent crime and keep us a safe place to live, work, and raise a family.' Cavanaugh spoke at the press conference and said, 'We need to give law enforcement the tools they need to help to be able to actually assist ICE.' Sanders cited several highly publicized incidents involving undocumented immigrants in Arkansas, including the arrest in January of a man who struck an Arkansas state trooper, November's arrest of a man from El Salvador wanted for gang association in his country, and the arrest of a Honduran native in September after a fatal drunken driving accident. 'These crimes didn't have to happen,' Sanders said. 'Violent criminal illegals have no place in Arkansas. In this administration, we will make sure they are held accountable.' SB 426 'will slap enhanced penalties on illegal immigrants who commit additional crimes while in our state,' she said. The sanctuary city ban will be expanded 'so that no place in Arkansas, including unincorporated areas and counties can be a safe harbor for illegals.' The bill also will require county sheriffs in charge of local jails and the state prison system to participate in the federal 287(g) program, specifically the Warrant Service Officer Program, which authorizes participating agencies to serve administrative warrants under federal immigration law. SB 426 was on the Senate Judiciary Committee agenda Monday afternoon but was not brought up. Sanders has been a strong supporter of Texas Gov. Greg Abbott's efforts to apprehend migrants who cross the border illegally, sending a total of 120 Arkansas National Guard members to Texas in the past two years. She has also visited the border crossing at Del Rio, Texas, twice. SUPPORT: YOU MAKE OUR WORK POSSIBLE

Arkansas GOP lawmakers seek to force local law enforcement to cooperate with ICE
Arkansas GOP lawmakers seek to force local law enforcement to cooperate with ICE

Yahoo

time17-03-2025

  • Politics
  • Yahoo

Arkansas GOP lawmakers seek to force local law enforcement to cooperate with ICE

Houston-based immigration officials greet each other after December arrests involving the smuggling of immigrants on a tractor trailer. A revived 'task force' cooperation program will let state and local law enforcement coordinate with the Trump administration on immigration arrests during routine police work. (Courtesy of U.S. Immigration and Customs Enforcement) A top Republican in the Arkansas Senate has introduced a bill that would require state prison system officials and county sheriffs across Arkansas to work more closely with federal immigration authorities just as the Trump administration looks to ramp up its promised mass deportation efforts. Senate Bill 426, the 'Defense Against Criminal Illegals Act,' is sponsored by Sen. Bart Hester (R-Cave Springs) and Rep. Fran Cavenaugh (R-Walnut Ridge). Hester is the Senate president pro tempore. SB 426 requires any sheriff who's in charge of a county jail to apply to participate in the Warrant Service Officer Program, which is run by U.S. Immigration and Customs Enforcement, or ICE. Participating sheriffs are essentially deputized to act as ICE agents for purposes of serving warrants on people held in their jails, according to the immigration agency's website. In other words, the program would make it easier for a sheriff to hand over an unauthorized immigrant to ICE if that person were already held in the county jail. (Here's more on the Warrant Service Officer Program in a 2019 announcement by ICE and a recent fact sheet.) SB 426 would also require the state Division of Correction to apply to participate in the program. The bill would also enhance criminal penalties for unauthorized immigrants convicted of certain 'serious felonies involving violence,' such as murder, battery or aggravated assault. And it would build on an existing state-level ban on so-called 'sanctuary cities' to forbid such policies in counties and unincorporated areas. The 'Defense Against Criminal Illegals Act' was one of the pieces of legislation promised by Gov. Sarah Sanders in her address at the start of the 2025 session. The bill would 'slap enhanced penalties on violent illegal immigrants and remove them from our state,' she said at the time. To be clear, though, those are two different things. The enhanced penalties under the bill would take place within the state criminal justice system; they would apply to people convicted of violent crimes who also happen to be unauthorized immigrants. The 'removals' referenced by Sanders, which would presumably be expedited under the ICE program, could apply to an unauthorized immigrant held in jail for any crime, violent or not. A person who was arrested for public intoxication or shoplifting, for example, could still be handed over to ICE. Would enhanced penalties based on immigration status even be legal here? It's possible, Little Rock attorney Jeff Rosenzweig said. 'It is saber rattling, but it has a good chance of getting upheld by the courts,' he said. SB 426 isn't the only bill in the state Legislature that aims to further Trump's immigration crackdown. House Bill 1789, sponsored by Rep. Rebecca Burkes (R-Lowell), would ban cities and counties from issuing ID cards to any person who 'does not provide proof of lawful presence in the United States.' Little Rock is one such city with a municipal ID program that provides an alternative to driver's licenses or state-issued IDs. Then there's House Bill 1655 byRep. Wayne Long (R-Bradford). The bill would establish two new felony offenses under state criminal law, 'human smuggling' and 'harboring illegal aliens.' If passed, anyone who 'knowingly conceals, harbors, or shields from detection' any person who is in the U.S. unlawfully could be convicted of a Class D felony.

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