By Nicolas Wahl
Newton Kansan
@NWahl_Kansan


Posted Aug. 7, 2015 at 12:09 AM

Newton, Kan.
Harvey County Sheriff T. Walton wants answers after a Kansas lawmaker continues to push federal legislation that could cost the county federal relief funds after being labeled a sanctuary for harboring illegal immigrants.

Under the amendment to the Homeland Security Appropriations Bill offered by U.S. Rep. Kevin Yoder of Overland Park, Federal Emergency Management Agency grants would be unavailable to states,

counties and cities deemed as sanctuaries by the U.S. Department of Homeland Security.

Walton contacted Yoder’s office; corresponding with Joseph Eannello, legislative director for Congressman Yoder, after getting word Harvey County had been labeled as such.

“He said they never identified Harvey County as a sanctuary county,” Walton said. “I told him that doesn’t help because we’re still identified.

The identification in question comes from a study by the Center for Immigration Studies, which has been accused multiple times of having an anti-immigration lean.

It was the same CIS study Yoder referenced before, including when making a claim about the prevalence of roughly 300 sanctuary cities in the U.S. The study includes Harvey County as one of six Kansas counties listed for refusing to honor U.S. Immigration and Customs Enforcement requests to hold people, indefinitely, without a probable cause or by order of a judge.

“(Eannello) said ‘That’s the Center for Immigration Studies that use that. We don’t put a lot of faith in them,’” Walton said.

Walton also contacted U.S. Rep. Mike Pompeo’s office, but said after telling him they would look into it the office has not gotten back to him.

Yoder’s office did send Walton a copy of the legislation, which reads as follows:“…

The term “sanctuary city” means a State or political subdivision of a State that has in place a statue, policy, or practice that prohibits law enforcement officers of the State, or of the political subdivision, from assisting or cooperating with Federal immigration law enforcement in the course of carrying out the officers’ routine law enforcement duties.

Without another definition of what constitutes a violation, the CIS study is the only available option to go by.

“They’re saying those counties, like mine, who are not cooperating with ICE, ‘We’re going to punish you — for following the law.’” Walton said.

Law enforcement agencies are prohibited, under federal law, from complying with any request for detainment that is not accompanied by judge-issued probable cause. The principle has been held up by multiple federal courts.

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