County commissioners: ICE to stay in jail

Oklahoma County commissioners ended a weeks-long debate Monday by voting 2-1 to require county jail officials to fully cooperate with the U.S. Immigration and Customs Enforcement Agency.

The vote means I CE officers working inside of the jail can stay, and it also forces jail staff to honor 48- hour immigration detainer requests.

“The lease agreement between the Board of County Commissioners and the jail trust makes it very clear that the jail trust is obligated to comply with all federal, state and local policies,” said Commissioner Kevin Calvey, who sponsored the agenda item.

Commissioner Carrie Blumert, the only "no" vote, said since the Oklahoma County Jail Trust now runs the jail and county trusts are required by law to be independent, she did not believe the commissioners could set policy for the jail.

The agenda item also did not undergo the typical review processes for new policy, she said.

“Regardless of how the three of us feel about ICE, we do not have the authority to set policy for the trust or the jail,” Blumert said during the meeting. “All nine members of the trust need to be on the record taking a vote on this item.”

ICE's role at the county jail has been a contentious topic for several months and recently resurfaced as a top issue after the jail trust took over management of the jail this summer.

Two weeks ago, amid the yells of demonstrators who have been pushing for new policies around ICE, the trust took a vote to remove the ICE officers from the county jail. But hours later, it was announced the vote did not count for technical reasons.

The trust was scheduled to vote again on the issue at a Sept. 30 meeting, but the item was not discussed. Now, it seems, the trust won't have to vote.

“I am extremely disappointed but not surprised by today' s ... action ,” Blumert said in a statement after the meeting. “The jail trust was created to be an independent operator of the county jail. ... If today's action stands, the trust will be anything but independent. It will be controlled by the whims of two county commissioners acting under the guise of policy.”

A formal review of the decision by the county district attorney's office has been requested.

Last year, the district attorney's office weighed in on whether the jail could honor the 48-hour immigration detainers, which are requests made by ICE for a facility to hold an individual up to 48 hours after their scheduled release so that person can be transported to another facility.

Several judges have ruled the detainers unconstitutional, and the DA's office said holding inmates past their release would put the county at risk of lawsuits.

“The detentions that today's vote requires the jail to pursue are illegal and predatory, and (commissioners) and the trust, which is charged with jail management, should immediately revisit this decision,” said Nicole McAfee, with the ACLU of Oklahoma.

Several individuals spoke at the commissioners' meeting, saying they believe only the trust should make policy for the jail and this action would separate families.

“Why are you hating on us?” asked one man who said he was part of the immigrant community. “Why are you promoting such fear?”