Sheriff McFadden says ICE failed to pick up 163 undocumented people from jail

CHARLOTTE — Mecklenburg County Sheriff Garry McFadden says U.S. Immigration and Customs Enforcement officers failed to pick up 163 undocumented people from the jail since December.

McFadden emailed county commissioners on Monday.

He says it cost the sheriff’s office nearly $65,000 to house those detainees.

House Bill 318 would require sheriffs to flag ICE within two hours of release.

McFadden told commissioners that even if that bill became law, he believes ICE will struggle to pick up the undocumented immigrants.

The sheriff is responding to ICE’s arrest of 24 people in the county.

He’s asking to be notified before future operations take place.

He says the notification will prevent violent assaults.

He also says he contacted ICE about the increasing costs of housing people with detainers.

Full Statement from McFadden:

“I wouldn’t expect anything less from ICE and these federal task forces. I commend ICE, the FBI, the U.S. Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives for working together to remove violent criminals from our streets. This is why we have deputies on these federal task forces, however, when operations take place like this in Mecklenburg County, as a courtesy, we expect to be notified to prevent potential blue-on-blue, violent assaults.

“By now, ICE should be aware we do not honor civil detainers because they are not signed by a judge. I must follow the law—if a judge orders me to release someone, I cannot legally detain them. MCSO has housed 163 undocumented immigrants for 48 hours at the detention center, yet ICE chose not to pick up any of them nor notify me of their intentions. In fact, we welcome the name of the 6 undocumented immigrants that ICE recently arrested that they claim have active detainers on them. ICE knows they need a writ signed by a judge, along with a criminal warrant or an indictment, to take anyone into their custody. A detainer alone is not a legal document allowing me to transfer someone without a federal warrant, complaint, or writ. How many times do I need to explain this process? For instance, we well know that several people have been arrested and rearrested multiple times with detainers placed on them multiple times by ICE. ICE has not yet contacted us or notified of their intentions.

“Today, I sent an email to ICE’s Atlanta Field ERO Office regarding the financial burden the detainers place on taxpayers and the importance of informing the sheriff’s office of their true intentions on whether they are going to pick up these undocumented immigrants or seek federal, criminal charges. If ICE perceives these undocumented immigrants as violent or dangerous, they should place on them criminal charges, rather than detainers.

“That said, I don’t see why this news stands out. Arrests like these happen every day across America, carried out by my deputies and other law enforcement officers across the county and nation.

“What I continue to expect—and have said repeatedly—is collaboration, communication, and open dialogue with ICE. A more comprehensive approach to immigration is necessary, and local sheriffs must be part of that conversation. I cannot keep having these discussions through media releases, soundbites, and weekly statements.”

VIDEO: Bill requires sheriffs to notify ICE before certain suspects are released