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Berkeley County Commission approves Sheriff's Office enrollment in DHS 287(g) reimbursement program
Summary
The commission voted to allow the sheriff's office to use the county's SAM account and federal tax ID to enroll in a Department of Homeland Security (287(g)) reimbursement program for work on immigration-related arrests; the decision followed extended discussion about liability and scope.
The Berkeley County Commission voted to authorize the sheriff's office to enroll in the Department of Homeland Security (DHS) 287(g) reimbursement program and to use the county's System for Award Management (SAM) account and federal tax identification number to accept reimbursements for participating deputies.
Sheriff Rob Blair told the commission, “We are currently cooperating with Department of Homeland Security in their February g program by use of our deputies and their regular course of actions,” and asked the county to allow the sheriff’s office to use the county SAM and tax ID so the department could claim reimbursement for deputy time and equipment.
The commissioners were told the program offers reimbursement for deputy time, overtime and certain equipment costs when deputies encounter noncitizens during routine law-enforcement duties. The sheriff said the program is limited to activity inside Berkeley County and that ICE would handle the immigration-processing paperwork after deputies identify and detain individuals.
Commissioners pressed the sheriff and county legal staff on liability. Anthony Delagetti, the county’s legal director, said the MOU and application process “does provide a way that they could apply for defense counsel, but we would still be liable for our activities,” and noted local government can expect ordinary law-enforcement liability when acting in partnership with federal agencies.
Several commissioners raised questions about whether deputies could be asked to operate outside the county and whether arrangements could shift legal exposure to the county. The sheriff and his deputies said participation is voluntary for deputies who take the specialized training, that routine calls to ICE already occur, and that the program’s paperwork and approvals remain with federal partners.
After debate, a motion to allow the sheriff’s office to enroll and to use the county SAM and tax ID for reimbursements was moved and seconded and approved by voice vote.
The commission did not provide a roll-call tally during the meeting; the motion passed by voice vote. The approval allows the sheriff’s office to complete the SAM registration and to submit claims under the DHS reimbursement options described to the commission.
The commission’s action does not change any county policy on extradition or other mutual-aid deployments; commissioners and the sheriff clarified that cross-jurisdictional deployments would require separate authorization.
