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Homeland Security approves Culpeper sheriff's application for controversial jail program
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Homeland Security approves Culpeper sheriff's application for controversial jail program

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The Department of Homeland Security this week notified the Culpeper County Sheriff’s Office that it had approved the sheriff’s application for a 287(g) program in the Culpeper County Jail.

The controversial Immigration and Customs Enforcement program would allow Culpeper’s jail deputies to act as immigration officers—screening, detaining and processing undocumented inmates for possible deportation on behalf of ICE.

Earl Kennedy, the ICE detention and deportation officer and 287(g) program manager for the region, confirmed Culpeper’s approval for the partnership. Kennedy said the agreements are renewed every three years, but can be terminated by either ICE or the local law enforcement agency at any time, for any reason.

According to the sheriff’s office, the two agencies have not yet finalized a Memorandum of Agreement. The MOA will define the scope and limitations of the authority granted to the deputies and the fiscal responsibility of each party.

“We’ll review that next week,” said Gary Close, a spokesperson for the sheriff’s office.

Deputies will then attend a four-week training course at the Federal Law Enforcement Training Center ICE Academy in Charleston, S.C. They will also be required to attend a one-week refresher course every two years.

Sheriff Scott Jenkins said initially four jail deputies will be trained and he hopes to expand that number to six.

Jenkins applied for the 287(g) program, named for the section of the Immigration and Nationality Act that authorizes it, in March. Despite opposition from hundreds of local Latino residents, the American Civil Liberties Union and the Legal Aid Justice Center in Falls Church, Jenkins maintains the program will not harm relations between area law enforcement officers and residents of Culpeper.

He also said individuals who do not break the law have nothing to fear.

“No matter the number of illegal aliens in the community, my response will be the same. They are free to go about their business so long as they do not break state laws,” said Jenkins in November. “Immigration is a federal issue and outside my jurisdiction; however, when an illegal alien violates the law of Virginia, then it becomes a local issue and I will react appropriately.”

At the Dec. 5 meeting of the Culpeper County Board of Supervisors, the sheriff also assured the supervisors there will be no fiscal impact to the county as a result of the program.

Opponents of the 287(g) program cite fear rippling through the Hispanic community as a result of the partnership.

Sophia Gregg, lawyer for the LAJC, said it’s “unfortunate that he’s continued to advocate for this program” despite the opposition.

“Residents are becoming increasingly worried,” she said, “but they’re also becoming increasingly organized. And they really believe the Board of Supervisors should take a stand on something of this magnitude that affects the whole county. They want to know where each board member stands.”

Gregg also said she’s concerned about Hispanic residents fearing to pick up the phone if they feel like they need the protection of law enforcement.

“I am disappointed, but not surprised,” said community activist Donna DeAngelis, who has been opposing the measure and helping to organize meetings on behalf of the Culpeper Persisters. “As a tax-paying citizen of Culpeper County, I think it’s important for all of us who welcome our immigrant neighbors to remain alert for the abuses of the 287(g) program by the sheriff and his deputies.”

DeAngelis said legal action could be forthcoming if civil rights are violated.

“I am confident that the ACLU and the LAJC are poised to address any abuses through the legal system,” she said.

According to Jennifer Elzea, acting press secretary for U.S. Immigration and Customs Enforcement, the Department of Homeland Security on Nov. 14 recommended 23 out of 24 submitted applications for approval, bringing the total number of agreements across the nation to 83.

Culpeper will become the second locality in Virginia to operate a jail under the program. Prince William County is the other.

Marla McKenna can be reached at mmckenna@starexponent.com or 540/825-0773.

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