South Carolina sheriff under fire for refusing to cooperate with ICE

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A South Carolina sheriff is under fire for refusing to cooperate with U.S. Immigration and Customs Enforcement.

U.S. House representatives who chair the U.S. House Committee on Oversight and Accountability subcommittees are demanding answers from a Charleston County, South Carolina, sheriff in response to its noncompliance with ICE detainer requests.

U.S. Rep. Nancy Mace, R-SC, and U.S. Rep. Glenn Grothman, R-Wis., sent a letter to Sheriff Kristin Graziano about her refusal to cooperate with ICE. They also announced they are investigating instances of local law enforcement agencies nationwide that refuse to cooperate with ICE.

They’re referring to a federal immigration law 287(g) program that authorizes ICE to designate some state and local law enforcement officers with specific immigration officer functions under its oversight. ICE explains the 287(g) program “enhances the safety and security of our nation’s communities” by allowing ICE officers “to partner with state and local law enforcement agencies to identify and remove incarcerated criminal noncitizens who are amenable to removal from the U.S. before they are released into the community.”

ICE also maintains that arresting and removing noncitizens “who undermine the safety of our nation’s communities and the integrity of U.S. immigration laws” is paramount.

Graziano, who was elected sheriff in November 2020, canceled the county’s cooperative agreement with ICE on Jan. 5, 2021, after she was sworn into office. Similarly, Harris County, Texas, Sheriff Ed Gonzalez did the same after he was elected in 2016, ending Texas’ largest county’s participation in the program in January 2017.

Local jurisdictions ending cooperative agreements with ICE because of so-called sanctuary city policies have been detrimental to arresting, detaining and removing some of the most violent offenders, ICE argues. Under the Biden-Harris administration, ICE Deputy Director Patrick Lechleitner said sanctuary policies are hurting Americans and noncitizens.

Some local jurisdictions “have reduced their cooperation with ICE, to include refusal to honor ICE detainer requests, even for noncitizens who have been convicted of serious felonies and pose an ongoing threat to public safety,” he said in a letter to Congress, due to their so-called “sanctuary city” policies. “However, ‘sanctuary’ policies can end up shielding dangerous criminals who often victimize those same communities,” he said.

In addition to ending the sheriff’s office 287(g) agreement with ICE, Graziano’s office also refused to honor at least 51 ICE detainer requests, according to ICE data.

Among the requests was one reportedly for “an illegal alien who was arrested and charged with two counts of criminal solicitation of a minor and then released back into the community,” Mace and Grothman said. “Due to your actions, ICE has designated Charleston County a ‘non-cooperative’ institution for refusing to detain criminal aliens long enough for ICE to take custody of them.”

Because local jurisdictions nationwide have refused to cooperate with ICE, the agency lifted detainers for 24,796 known criminals and released them into the U.S., Lechleitner said in a recently released report. The data is from Oct. 1, 2020, through July 22, 2024. Local jurisdictions refused to comply with 23,591 detainer requests, he said.

As of July 21, 2024, “there were 662,566 noncitizens with criminal histories on ICE’s national docket, which includes those detained by ICE, and on the agency’s non-detained docket. Of those, 435,719 are convicted criminals, and 226,847 have pending criminal charges,” Lechleitner said. This includes criminal foreign nationals convicted of, or charged with, homicide (14,914), sexual assault (20,061), assault (105,146), kidnapping (3,372), and commercialized sexual offenses, including sex trafficking (3,971).

The U.S. House Committee on Oversight and Accountability has launched an investigation into why local jurisdictions refuse to cooperate with ICE, arguing doing so “endangers local residents.”

The committee requested Graziano provide requested information about her office and ICE requests by Nov. 10. If she fails to comply, she will be subpoenaed.

During Graziano’s tenure, 17 inmates have died, prompting a federal investigation “into a potential pattern of abuse at the county jail,” The Post and Courier reported. More than twice as many deaths occurred under her tenure than in the four years prior, according to the county coroner’s office.

Graziano, who’s running for reelection, called Mace a “liar” in a statement issued to the media with “a dump of paperwork” about how the jail functions, The Post and Courier reported. “Just because she and her congressional colleagues cannot solve our country’s federal immigration problem doesn’t mean they get to make it mine,” Graziano said. She also accused Congress of failing “to do its job” and “lawmakers like [Mace] think it’s their job to force someone else to do their work. Not on my watch.”

In response, Mace said, “The delusion is outstanding. The document ‘dump’ Graziano took the liberty of providing the press before our office CONFIRMS everything we’ve been saying about her reckless, fake, & self-imposed policies. This is not ‘abuse of authority,’ but necessary intervention.”

Mace has led the charge to deport criminal noncitizens, introducing a bill that passed in the House to do so. Among the 158 House Democrats who voted against it was South Carolina’s Jim Clyburn, The Center Square reported.