A proposed ordinance that would create a special fund to receive federal money associated with the Carroll County Sheriff’s Office’s participation in a controversial immigration enforcement program is back on the agenda for the September meeting of the Carroll County Quorum Court.
The quorum court is scheduled to meet at 5 p.m. Tuesday, Sept. 15, in the courtroom of the Eastern District Courthouse in Berryville.
The proposed ordinance failed to gain the eight votes required for passage with an emergency clause at the court’s August meeting. This time, the proposal does not include an emergency clause.
The August vote followed lengthy public comments and discussion over the sheriff’s office’s participation in the federal 287(g) Task Force Model, which gives designated deputies limited immigration-enforcement authority.
Justices of the Peace Harrie Farrow, Hunter Rivett, Jerry King and Caroline Rogers voted against the proposed ordinance at the August meeting. Because it included an emergency clause, it required a two-thirds majority to gain approval.
Without the emergency clause, the proposal will require a simple majority — six votes — on three separate readings. The proposed measure is on the agenda for a first reading at the Sept. 15 meeting.
Sheriff Daniel Klatt told the court at its August meeting that participation in the task-force program is expected to generate between $250,000 and $300,000 in federal grant funding this fiscal year and more than $500,000 next year.
The proposed ordinance would create a separate county fund to account for revenue and expenditures associated with the program.
Klatt emphasized that the proposed ordinance does not authorize the sheriff’s office to participate in the program. He said the office has been participating since March and that the fund is necessary to receive and account for federal money.
Klatt said Arkansas Act 654 requires sheriffs to participate in the 287(g) Warrant Service Officer program, which authorizes trained correctional officers to serve administrative immigration warrants and detainers on individuals already in jail custody.
Participation in the broader Task Force Model, however, gives designated deputies additional immigration-enforcement authority during their regular duties.
Klatt said the sheriff’s office does not intend to change its enforcement practices.
“We are not changing the way we handle migrants in this community,” he said.
Farrow questioned Klatt extensively about the difference between the mandatory warrant-service program and the additional authority provided under the Task Force Model.
Farrow cited language in the agreement that authorizes participating officers to question a person believed to be an immigrant about his or her right to remain in the United States and, under certain circumstances, make an arrest without a warrant.
“That’s above and beyond just saying, ‘hey, we’ve got someone in detention,’ ” Farrow said.
Klatt acknowledged that the agreement gives deputies additional authority but said he does not intend for them to use it to conduct immigration sweeps or target people based on their appearance or ethnicity.
“We have the authority to do lots of things,” Klatt said. “It doesn’t mean we exercise it.”
Klatt said deputies have been operating under the agreement since March without an increase in immigration enforcement. He said officers typically deal with immigration-status questions after someone has been arrested for another offense and that he intends for that practice to continue.
Several residents urged Klatt to withdraw from the Task Force Model, arguing that the additional authority could lead to racial profiling and damage trust between law enforcement and Carroll County’s Hispanic community.
Klatt said the sheriff’s office does not have the manpower to conduct separate immigration operations. He said county dispatch has received 18,935 calls for service this year, including 9,716 calls handled by the sheriff’s office.
“The focus has always been on criminals, not everyday folks,” Klatt said.
The proposed ordinance would establish the “287(g) ICE Program Fund” on the books of the county clerk and treasurer.
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