SHERIFFS STILL LOOKING FOR CLARITY ON DEPORTATION

[2/13/17]  Despite tough talk on sanctuary cities from the Trump administration, many sheriffs still fear that they lack the legal right to hold prisoners for possible deportation, even at the request of federal authorities.

Sheriffs, who operate 85 percent of local jails, are still waiting for courts to clarify the legality of “detainers,” or federal requests to hold prisoners for possible deportation.

President Donald Trump signed an executive order Jan. 25 promising to punish any “sanctuary jurisdictions” that “attempt to shield aliens from removal from the United States.” The order threatened cuts to federal funding and public shaming of “any jurisdiction that ignored or otherwise failed to honor any detainers.”

But the new administration in Washington hasn’t altered the legal landscape — at least not yet. Court rulings over the past several years have dissuaded even red-state sheriffs from honoring detainers, fearing that doing so would make them vulnerable to civil rights lawsuits.

“Sheriffs want to participate but we need to know our legal standing on this. We’ve been asking for this for years,” said Sheriff Leon Wilmot of Yuma County, Arizona. Wilmot said he spoke to Homeland Security Secretary John Kelly about the issue Monday on behalf of the National Sheriffs’ Association, which represents more than 3,000 sheriffs.


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