Sheriff says state detainer law and ICE enforcement are creating unfunded local costs

Mecklenburg County Sheriff Gary McFadden told attendees at an Intergovernmental Town Hall that increased immigration enforcement, combined with a state law requiring sheriffs to honor certain detainers, is adding unplanned costs to the county budget.

"We're gonna follow the law," McFadden said. He described detainers as administrative requests from federal immigration authorities and said they are not signed judicial warrants. "We don't understand it, and we are just going by what the news says, but you will never hear them say this, Sheriff McFadden is not following the law. He is not cooperating," McFadden said, adding his concern about being placed in litigation by actions that could be unlawful.

McFadden described a per-detainee cost the county is paying and called the requirement an unfunded mandate. At the meeting he cited a daily custody cost figure and later characterized the county expense as an "unfunded mandate" from the state. "We did not ask our county commissioners for this money, so we are having to take that money that we would normally have for our citizens, residents, and paying for these individuals," he said.

Moderator Joe Bruno asked whether ICE had taken anyone with a detainer since the state law, HB 10, took effect; McFadden replied, "Absolutely not. They haven't picked up anyone." He warned the financial and legal consequences could surface later in federal court unless policy or practice changes.

Several panelists emphasized limits on local authority. McFadden referred to state law that he described as mandating cooperation with federal immigration authorities and said a statute's text includes a clause limiting a sheriff's ability to hold someone after a judge has ordered release. The panel did not provide a statute number in the session materials for public distribution; the town hall transcript referenced a state statute requiring sheriffs to cooperate with federal immigration authorities.

Panelists recommended residents seek information from county offices and said the county is monitoring legal developments and costs tied to detainers and enforcement.

Speakers

- Gary McFadden, Mecklenburg County…