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Sheriff says Cumberland County is not a 'sanctuary jail,' outlines ICE detainer policy and liability concerns

January 06, 2025 | Cumberland County, Maine


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Sheriff says Cumberland County is not a 'sanctuary jail,' outlines ICE detainer policy and liability concerns
The Cumberland County sheriff told the Board of Commissioners during the meeting that the county is not a “sanctuary jail” and described how the jail handles U.S. Immigration and Customs Enforcement (ICE) detainers.

The sheriff said detainers have “no legal standing” and described past cases in other jurisdictions in which sheriffs were sued for holding people beyond the point when state charges required release. “Detainers are just a request,” the sheriff said, and noted that holding someone beyond lawful release based on a detainer can expose the sheriff and the county to lawsuits.

The sheriff said the county currently holds ICE detainees under an active contract and that an ICE agent has been assigned to work directly with the jail since July, which the sheriff described as a benefit because the agent, not jail staff, can assume custody if federal authorities decide they have a lawful basis. “If they want to hold him, they can take him into custody and put him back in our jail, but we are not gonna be taking custody of anyone,” the sheriff said.

County Manager Galey told commissioners the principal liability is “the unknown at this time” because a new federal administration could change enforcement priorities. He said the sheriff’s public clarification helps correct media descriptions that had labeled the county a sanctuary county without a board vote on the topic.

Commissioner Smith and Commissioner Gordon asked for clear public communication and coordination with the sheriff and manager if immigration-related media attention increases. Commissioner Gordon asked for an explanation of the practical difference between an ICE detainer and the probable-cause standard; Commissioner Cloutier responded with a legal overview, saying local officers must have probable cause related to criminal conduct to continue holding someone and that immigration enforcement follows separate procedures.

The sheriff and multiple commissioners stressed that local deputies will respond to criminal incidents as usual but will not perform immigration-law detentions or roundups. The sheriff said local deputies will assist ICE as backup when required the same way they would assist other federal or local agencies for warrants, but they are not trained nor expected to perform civil immigration enforcement.

The sheriff invited questions and said the department will continue to coordinate with ICE under the current contract while avoiding practices that could expose county staff to liability.

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Scribe from Workplace AI
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