The program is called 287(g), and it allows ICE to delegate some duties to local law enforcement officials. Participating law enforcement agencies sign memoranda of agreements (MOAs) with ICE, which can empower them to ask for citizenship status, detain suspected noncitizens, and execute ICE warrants in county jails and detention centers.
ICE says 142 law enforcement agencies across the United States have opted into this program; around 15 of them are here in North Carolina (although not all counties participate to the full extent authorized by law).
The board of commissioners was considering a resolution of support for the Pender County Sheriff's Office to opt into 287(g). But during the meeting, residents and elected officials alike found fault with the federal program.
Broken trust
Critics of the program say that 287(g) incites fear of law enforcement among immigrant communities.
"Over the past few years, Pender County Police Department has worked very hard to build trust," said Martha Harris, a resident who spoke at Tuesday's meeting. "We all know that it can be broken very easily, and I believe that's what would happen if we entered into this agreement with ICE."
The American Civil Liberties Union issued a report in 2022 alleging that under 287(g), immigrants were subject to increased racial profiling. Minor violations, like broken tail lights, sometimes led to "pretextual arrests," which in turn led to deportations.
"There is no upside to deputizing our sheriffs, and there is potential downside risk of increased cost to the county and mistrust of law enforcement," said resident Don Reagan.
Eight people spoke out against the program during the public comment period. Commissioner Brad George said he had received "numerous" emails about the subject.
Increased costs
George said he was uncomfortable with the resolution, pointing out that participation in the program had steadily dropped over the years due to costs.
"You only have 132 law enforcement agencies across the country in it currently, from a high of 280-something at one time," he said. "We supply the deputies, we supply the overtime, we supply the facilities. If [ICE training agents] stay six months, we pay for them six months to be there… Some counties have actually had to do a tax increase to continue this program."
Board chair Randy Burton said his intention wasn't to spend county money, but to indicate support for PCSO's relationship with ICE.
"This resolution is just to support the collaboration with federal law enforcement and our local law enforcement, and just to take a stand," he said. "It's an unfortunate thing that many jurisdictions in the country are dealing with – like in Laken Riley's family, we need to ask them how they feel."
Read more: How the death of Georgia nursing student Laken Riley led to a debate about immigration
There is not much data on how effective the 287(g) program is. The U.S. Government Accountability Office wrote in a 2021 report that ICE did not track how many non-citizens were deported under the program; nor did the agency have effective oversight mechanisms for officer eligibility and participation. It's unclear whether the program has started collecting data since then.
"I don't think it's our place to supplement funding to the federal government and do their job," George said.
Sheriff Cutler's response
Commissioners invited Sheriff Alan Cutler to speak. Cutler said PCSO had already established a relationship with ICE, and didn't see a need to formalize it through 287(g) that night.
"If there's a warrant or if there's a detainer, we're going to honor that," he said. "But at this time right now, I would not be signing an MOU with ICE."
Cutler also stressed that PCSO would not be "conducting or participating" in any immigration-related raids on local churches or schools.
"I met with the superintendent, and we both agreed that if we're going to enforce the law, if we have a warrant on an individual, there's no need for a big, disruptive raid to go on at a school," he said.
The sheriff said he'd be open to exploring future resolutions on ICE and PCSO, including the selection of a different, more lower-cost model of 287(g). But in the meantime, the commissioners voted to kill the resolution entirely.
