May 10, 2017
Amanda Yeager

Anne Arundel officials are drawing closer to finalizing two agreements with the federal government that would give county jails a role to play in immigration enforcement.

County Executive Steve Schuh's administration has been in talks with U.S. Immigration and Customs Enforcement for the past several months about participating in its 287(g) and intergovernmental service programs.

On Tuesday, jails superintendent Terry Kokolis presented County Council members with lists of terms that shed light on what both programs might look like if implemented in Anne Arundel.

Kokolis said the county is now waiting on the federal government's response. A timeline for when that might happen is unclear — representatives of ICE, an arm of the Department of Homeland Security, have said they want to wait until Congress finalizes a budget, which might not happen until the fall or later.

Schuh spokesman Owen McEvoy said the county executive plans to move swiftly once he hears back.

"We've worked out a framework and (ICE is) going to come back and present an agreement to us," he said. "There might be some more debate surrounding some of the minor terms, but once we have an answer from the federal government... the likelihood is that we'll move quickly."

The two agreements could progress on separate schedules, according to McEvoy.

The 287(g) program involves training county corrections officers to use federal databases to screen new inmates for immigration violations, warrants and prior crimes.

ICE would pay for the training, according to the terms Kokolis shared with council members. Screenings could take between 20 and 25 minutes per inmate, resulting in an estimated 24 hours of new work per week shared by officers.

The county would be responsible for paying staff, while ICE would foot the bill for training and the technology necessary to access the database.

Under the other program, the county would offer vacant beds at the Ordnance Road Correctional Center in Glen Burnie to house people arrested on charges of violating immigration law.

If the proposal is approved, Anne Arundel could receive more money per inmate than other counties in Maryland. ICE would pay the county $118 per inmate per day, while nearby counties that already participate in the program earn about $90 per inmate.

The federal government would commit to paying for a minimum of 40 inmates a day, whether or not those beds are filled. Based on that minimum amount, the county could see a revenue of at least $1.7 million a year from the program.

Anne Arundel government would be responsible for paying for the staff necessary to support the agreement, as well as for food and other expenses for the prisoners, including clothes and personal hygiene items.

McEvoy said the administration doesn't expect to have to hire new employees to accommodate the up to 130 additional inmates the jail might house under an agreement. The medium-security detention center, located off of Interstate 695, has room for 432 inmates but is not currently filled to capacity.

"The reason we initially were engaged by the federal government, and the paramount reason we are examining getting into a relationship with the federal government, is because we have a large vacancy," McEvoy said. "We've staffed facilities with the understanding that they would be filled at a certain level."

The detention department's proposed budget for fiscal year 2018 does not include requests for additional staff or resources to support potential housing or 287(g) agreements.

But Councilman Jerry Walker, R-Crofton, pointed out that the department is one of the only ones in the county to have consistent staffing vacancies. There are currently 26 open detentions positions that have been funded but not filled.

"Won't (the federal agreement) put a drain on the staffing levels you already have?" he asked.

Kokolis said the department is working to recruit new corrections officers. He said he's in the final stages of the hiring process to fill seven vacant positions.

"People don't grow up wanting to work in jails," he said, but "the occupational market is better for us" recently.

Both sets of draft terms include the option for county or federal officials to back out of the agreements. The 287(g) program could be terminated at any time, while the housing agreement could end with 90 days' notice.

The housing agreement also stipulates that ICE would pay Anne Arundel $80,000 to install security covers for the recreation yard at the Ordnance Road jail. And while federal detainees are typically not allowed to be strip-searched, Kokolis said the county would be exempt from that requirement.

The news comes during a time of heightened national debate over immigration policy. At the state level, an effort from General Assembly Democrats to pass the Trust Act, legislation that would have barred state and local governments from using resources to assist in immigration enforcement, failed to make it through both chambers before the last day of this year's legislative session.

Locally, immigrant advocacy groups have urged the county not to partner with ICE, arguing that immigration is strictly a federal matter and that the move would erode relations between law enforcement and communities. Residents turned out to a council meeting last month to speak passionately on immigration issues; many said they were opposed to the county enrolling in 287(g).

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