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Sheriff Larry Smith defends ICE program at Smith County Jail during tense public meeting

The 287(g) program allows local law enforcement agencies to enter into partnerships with ICE, allowing law enforcement to "perform limited immigration enforcement."

SMITH COUNTY, Texas — The Smith County Sheriff's Office held a public meeting Tuesday evening to discuss the county's partnership with the Immigration and Customs Enforcement (ICE) through the 287(g) program.

Several members of the community showed up to the meeting to debate the merits of the program.

The 287(g) program refers to Section 287(g) added in 1996 to the Immigration and Nationality Act. The section allows local law enforcement agencies to enter into partnerships with ICE, allowing law enforcement to "perform limited immigration enforcement." 

All local law enforcement officers involved in the program receive training from ICE, and their jurisdiction only extends as far as the agreed model. Officers within the program must volunteer and cannot be assigned to the 287(g) program.

Volunteering officers must receive training on immigration law, using ICE databases, multi-cultural communications and training on how to avoid racial profiling.

There are two models: The Jail Enforcement Model and the Warrant Enforcement Model. Smith County and the 23 other Texas counties with the program all use the Jail Enforcement Model.

The Jail Enforcement Model allows local law enforcement officers who work in a jail facility to identify illegal immigrants for ICE detainment. Inmates who are detained must be accused of, or have previous convictions of, DUI or a higher crime. This includes murder, rape or robbery.

At Tuesday's meeting, several issues with the program were brought up. One of the major issues was the use of local resources to enforce federal immigration laws.

"The Department of Homeland Security as the largest budget, or resources, so why are we taking away from local resources?" said immigration advocate Dalila Reynoso. "If we are going to use local resources, why don't we implement programs where we are building trust or relationships with the community, not to enforce federal immigration laws." 

The panel at the meeting responding to the issue by saying the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 provides for the program through Section 287(g). 

"The bulk of [this program] is carried by the federal government," Sheriff Larry Smith during the meeting. "It's a very minimal cost to the citizens of Smith County." 

 Another major issued brought up with the program is some of the undocumented immigrants withing Smith County have been afraid to report crimes in their community due to fears of being detained. 

"I can give you a list of cases of individuals I've met that are undocumented that do not come forward because this agreement exists," Reynoso said during the meeting. "That doesn't keep our community safe."

The panel responded to Reynoso's comments saying many people do not understand the program.

"I promise that there will be nobody deported there's a victim of crime," Sheriff Smith said. "It is to interdict criminal illegal aliens only."

Sheriff Smith says that was also a big issue when the county began discussions to implement the 287(g) program. 

"We've had three town hall meetings [and] that question came up time and time again," Sheriff Smith said. "We want them to feel at home. We want them we support them."

Sheriff Smith says he is planning more town halls to discuss the future of Smith County's agreement with ICE. That contract is up for renewal in June.

"We are, obviously, number one [are] wanting to end the contract with ICE and to bring more awareness, and, also, for community members to have a better understanding how this program works," Reynoso said.

The dates for the proposed town halls have not been set.

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