Clearing the Air on the 287(g) Program in Wicomico County

Wicomico County, MD - During the recent Wicomico County Council meeting, confusion surrounding the 287(g) program led to a series of questions and misconceptions that continue to ripple through the community.

Misunderstandings about the program, its implementation timeline, and current interactions between local law enforcement and federal agencies like ICE (U.S. Immigration and Customs Enforcement) are creating unnecessary alarm among community groups in Wicomico County, Maryland.

This week, I reached out to Wicomico County Executive Julie Giordano and Wicomico County Sheriff Mike Lewis to address the misinformation that is being spread in the community and to provide clarity and direct answers on what the 287(g) program involves, as well as the current actions of Wicomico County law enforcement.

Understanding the 287(g) Program  

ICE oversees the 287(g) program. It allows local law enforcement agencies to participate in limited immigration enforcement under ICE training and supervision. While the program has multiple models, Wicomico County leaders are considering the Jail Enforcement Model, which is confined to correctional facilities.  

Key aspects of the model include:

• Scope: It targets individuals arrested and brought to jail, not those within the general community.
• Process:
  • Arrested individuals have their immigration status screened by trained officers.
  • If deemed deportable, the individual may be placed under an immigration detainer and handed to ICE for removal proceedings.
• Oversight: ICE provides training and monitors compliance under a Memorandum of Agreement (MOA).  

It is not, as some claim, a community-wide tool for immigration enforcement, nor does it target individuals solely for their immigration status during street-level policing operations.  

Misunderstanding of Current Collaboration  

One of the major misconceptions is the role of the Wicomico County Sheriff's Office in current ICE operations. It has been speculated, and stated in Tuesday's Council Meeting, that Deputies from the Wicomico County Sheriff's Office, along with other officers in the region, are actively collaborating with ICE in arrests based solely on immigration status.

I was fairly confident this was not true; however, I directly asked Sheriff Mike Lewis this question, and he clarified the following:

• The Wicomico County Sheriff's Office (WCSO) is not actively collaborating with ICE to pursue individuals in the county purely for being in the U.S. illegally.  
• If requested by ICE to assist with an apprehension involving criminal allegations beyond immigration violations, the Sheriff's Office may provide support, which is no different than any other federal agency or a mutual aid agency in our surrounding area. However, Sheriff Lewis stated, "To my knowledge, that has not happened."
• Sheriff Lewis also stated that "there have been instances here in Wicomico County where ICE agents-during the course of their enforcement efforts-have attempted to conduct traffic stops and a motor-vehicle traffic collision occurred between an ICE agent's vehicle and the "wanted" individual's vehicle.  The Wicomico County Sheriff's Office has responded and handled those collision investigations."

It's important to note that the presence of plainclothes officers on the Eastern Shore may stem from various agencies conducting their own investigations unrelated to ICE activities. Residents need to be cautious of drawing generalized conclusions based on limited observations.

Program Timeline and Approvals  

Another key source of confusion involves the timeframe for adopting the 287(g) program. Many assume the process can be swift, but the reality is more complex. Sheriff Lewis indicated that while he and County Executive Julie Giordano have formally submitted their intent to participate in the program, the approval process could take months.

During a recent meeting with the Baltimore Special Agent-in-Charge (SAC), they reiterated the county's readiness to move forward. However, logistics surrounding the inclusion of the Wicomico County Detention Center, which does not fall entirely under Sheriff Lewis's purview, add unique challenges.  

Leadership Responses  

Sheriff Mike Lewis and County Executive Julie Giordano have emphasized their commitment to transparency and ensuring accurate communications regarding the program. Both officials are keen on addressing concerns surrounding immigration-related matters in a way that upholds local security and respects federal oversight.

Giordano outlined the county's approach to implementing the Jail Enforcement Model as follows:

Key Aspects of the Jail Enforcement Model:

• Focus on Jails:

The model operates within the confines of correctional facilities, targeting individuals arrested and brought to jail. 

• Identification and Processing:

Participating officers are trained to identify noncitizens with criminal or pending criminal charges who may be subject to removal. 

• Limited Scope:

The model generally does not extend to immigration enforcement on the streets or in the community. 

• ICE Oversight:

The program is overseen by ICE, which provides training, supervision, and guidance to participating agencies. 

• Memorandum of Agreement:

Participating jurisdictions must sign a Memorandum of Agreement (MOA) with ICE outlining the terms of the agreement, including the scope of authority, training requirements, and oversight mechanisms. 

How it Works:

• Arrest and Booking:

When an individual is arrested by a participating law enforcement agency and booked into jail, their information is screened by officers trained under the 287(g) program. 

• Immigration Status Check:

Officers may check the individual's immigration status through various means, including reviewing documentation and potentially questioning them. 

• Detainer and Removal Proceedings:

If an individual is determined to be potentially deportable, an immigration detainer may be placed on them, and they may be turned over to ICE for removal proceedings. 

Such steps illustrate the measured approach the county is taking rather than hastily forging ahead without proper procedures.

Why Misinformation Hurts Community Trust  

Continuing to spread unverified information or assumptions around the 287(g) program risks eroding trust in local governance and law enforcement. Concerns about personal safety, racial profiling, and misunderstandings around rights stem from these inaccuracies.  

To our community, it's critical to rely on official information rather than anecdotal observations or assumptions influenced by national debates on immigration and misleading media propaganda.

Wicomico County is still in the early stages of entering the 287(g) program. By maintaining transparency and addressing concerns methodically, the county leadership aims to lay the foundation for clear communication and informed decision-making.  

Engaged citizens strengthen communities when they approach matters thoughtfully and with a willingness to separate truth and fact from hearsay and rumor.