The American Civil Liberties Union (ACLU) has identified inconsistent implementation of 287(g) agreements between Wyoming counties and U.S. Immigration and Customs Enforcement (ICE), with a lack of public notice and opportunity for input.

Background

In May, the ACLU filed a lawsuit against the Laramie County Sheriff’s Office, alleging that Sheriff Brian Kozak signed three ICE contracts without a public process or approval from Laramie County Commissioners. The agreements allow local law enforcement to perform federal immigration duties under ICE’s watch.

The ACLU sent records requests to the Wyoming Highway Patrol and seven counties with ICE agreements, seeking information on whether these agencies improperly implemented their agreements. The responses showed that Campbell, Hot Springs, Lincoln, and Natrona counties did not provide records indicating that county commissioners considered or approved the 287(g) agreements before adoption.

County Responses

Carbon County Commission officially sanctioned Sheriff Alex Bakken’s decision to join a Warrant Service Officer agreement with ICE after he presented information about the program. In Crook County, records show that county commissioners adopted a resolution in 1998 granting the sheriff authority to enter into agreements with other law enforcement agencies.

Sweetwater County Commission passed a resolution retroactively ratifying the three 287(g) agreements that Sheriff John Grossnickle unilaterally entered into with ICE since 2020. The ACLU also sought records showing compliance with the Wyoming Administrative Procedures Act’s rulemaking process before signing 287(g) agreements, but neither the counties nor the highway patrol provided such records.

Jason Mower, spokesperson for the Sweetwater County Sheriff’s Office, disagreed with the ACLU’s legal position, stating that the office has no interest in litigating legal arguments through the media.

Conclusion

The ACLU’s findings suggest that laws have been applied inconsistently across Wyoming, with no notice or comment period as required by the Wyoming Administrative Procedures Act. A hearing for the complaint against the Laramie County Sheriff’s Office is scheduled for July 27.

Original reporting: Oil City News (Casper WY) — read the source article.