Tarrant leaders split the vote but extend ICE immigration enforcement policy in jails
Tarrant County Commissioners on Tuesday agreed to renew a plan to stay in a federal program that lets sheriff’s deputies work as ICE agents.
After more than seven hours of often emotional testimony, commissioners voted 3-2 to extend for an indefinite period of time — although they called for annual reviews of the program — a contract known as 287(g). This refers to a section of the Immigration and Nationality Act that lets law enforcers work with federal immigration officers and “perform immigration law enforcement functions.”
Republican Tarrant County Judge Glen Whitley and commissioners Gary Fickes and J.D. Johnson supported renewing the contract. Democratic commissioners Devan Allen and Roy Brooks opposed.
Whitley said he supported the agreement “because if it stops one person from being assaulted, if it stops one person from being a domestic violence (victim), ... I would say I’m glad I did it.”
He said he knows the vote won’t make many happy.
“But at least I can feel good about it,” he said, adding that he is willing to go to Congress to talk about an immigration plan that includes a pathway to citizenship.
As commissioners took their formal vote, people in the crowd began yelling.
“You failed us.”
“You are racist and only help people who look like you.”
‘You support a president who looks like you.”
After the vote, someone in the crowd began naming Whitley, Johnson, Fickes and Tarrant County Sheriff Bill Waybourn. After each name, the crowd yelled “vote him out.”
As commissioners continued their meeting, the crowd stayed outside the courtroom for several minutes chanting: “Ain’t no power like the power of the people and the power of the people won’t stop.”
Before the vote, Allen and Brooks said they couldn’t support the contract extension.
“I have heard the pain of those who have testified all day today,” Brooks said. “I feel the pain of those who have testified all day today.
“But I cannot know that pain because I cannot stand in their shoes. So I am left with only one option and that is to believe what they say.”
At one point, Johnson reminded Brooks that he voted for this same contract two years ago.
“Well, I am two years older than I was,” Brooks responded.
Supporters say the program makes Tarrant County safer. Opponents believe migrants are scared they will be targeted and deported for something as small as a traffic ticket.
Tensions arose more than four hours into the meeting, when it appeared that sheriff deputies were poised to remove a person who yelled out that Whitley violated Open Meetings Act regulations when responded to some speakers.
The District Attorney’s Office explained to the crowd that commissioners have the ability to ask questions or respond to speakers who are addressing an issue on the agenda.
Allen said she didn’t want to limit anyone’s voice; Fickes pointed out there are court rules that must be followed. Brooks broke the ice by telling everyone in the room to “just chill.”
Emotional issue
Throughout the hours of public testimony, anger, frustration and hurt was expressed by many.
“I am here because you cannot silence the voices of immigrants that make America great,” said Elizabeth Rodriguez, an 18-year-old from Arlington and daughter of immigrants.
She called the immigration program “flawed and discriminatory,” and said it rips families apart and keeps some people in jail during the coronavirus pandemic longer than they would otherwise be behind bars.
“If you choose to renew 287(g), you are choosing to hurt families, discriminate and put many lives on the line during this pandemic,” Rodriguez said.
Fran Rhodes and several other Republicans disagreed.
“I believe in the rule of law,” said Rhodes, president of the True Texas Project, formerly known as the NE Tarrant Tea Party. “I believe it’s your job … to enforce the laws we have.
“2879(g) is just another tool … to do that.”
Several people complained about having to appear in person, rather than calling in, to give public testimony during the coronavirus pandemic. Everyone was asked to wear a face mask and had their temperature taken before being allowed to attend the meeting.
More than 75 people showed up to speak. Several said they took vacation time from work to be able to attend.
“Shame on you, Judge Whitley,” Devon Rosenberry of Fort Worth, said of requiring people to attend the meeting to speak. “We are in the middle of a pandemic. … This is a new low, even for you.”
Johnson participated in the meeting virtually.
Deadline looms
President Donald Trump pushed for the 287(g) agreements through an executive order and the issue has come under fire in recent years by immigration allies who describe it as discriminatory because it opens the door to racial profiling.
The clock expires nationwide on 287(g) agreements on June 30.
In 2017, Waybourn agreed to have 12 deputies trained to act as local ICE agents under the federal program. That number has since dropped to seven.
Waybourn told commissioners that ICE has been in the Tarrant County jail for decades. He noted that peace and detention officers have long been able to conduct an investigation or contact ICE if they had a concern. And even if Tarrant County doesn’t participate in the program, the department would still have to honor ICE holds on inmates brought in from other cities, sheriff officials said.
Critics asked why this contract extension is needed if ICE would be in the jail no matter what.
Last year, 1,466 inmates in Tarrant County had ICE detainers, most put on by area police. Of those, 307 were put on inmates by the sheriff’s department, none for Class C misdemeanors, officials said.
Waybourn has said deputies perform ICE duties while also performing routine tasks. He said the deputies’ salaries are paid by the county and the federal government pays for travel, boarding, meals and other expenses associated with ICE training. Sheriff department calculations show the program cost $17,800 from June 1, 2019, to May 31, 2020.
Tarrant
Tarrant County is home to more than 2 million people. The undocumented population here is estimated to be about 109,000, according to the non-partisan Migration Policy Institute.
“Here we are, another year, fighting the same fight,” said Gabriela Rodriguez, an organizer with ICE Out of Tarrant. “This is a voluntary oppressive agreement.
“We are fighting for our community to be afforded human rights,” she said, in asking commissioners to not renew participation.
This program has existed for several decades and it has been used in both Republican and Democratic administrations. It has been criticized through the years by people in both parties.
Rick Barnes, who heads the Tarrant County Republican Party, said that many in the community stand behind the program and Waybourn.
“This really is not a partisan issue,” Barnes said. “The safety and security of all citizens in Tarrant County” depends on it.
He added that the 287g program “is one of the many steps in place to provide that security.”
The Tarrant County Sheriff’s Department is one of 77 law enforcement agencies in 21 states participating in the program and one of 24 sheriff’s departments in Texas, according to a list compiled by the U.S. Immigration and Customs Enforcement.
Politics
Many speakers said some county commissioners, the county judge and the sheriff would soon be replaced by voters.
Max Krochmal of Fort Worth told Whitley he was condescending to many speakers. “I can’t tell if you’re stupid or plain mean,” he said.
Before Tuesday’s meeting began, Tarrant County’s Democratic legislative delegation came out in support of Waybourn’s Democratic challenger in November — Vance Keyes.
“While we are committed to the work of electing strong Democrat candidates at all levels of government, today’s events, and recent abject failures by the current Tarrant County Sheriff, make the upcoming race for Sheriff of grave importance,” according to the letter signed by Democrats U.S. Rep. Marc Veasey of Fort Worth, state Sen. Beverly Powell of Fort Worth, state Reps. Ramon Romero and Nichole Collier of Fort Worth and Chris Turner of Grand Prairie.
“Vance understands the job of Sheriff should not be political. We trust Vance to keep an ideologically driven, national political agenda out of the Sheriff’s Department and focus the Department on protecting Tarrant County families of all backgrounds,” the letter stated.
This story was originally published June 16, 2020 at 11:15 AM.
