Sheriff pushes back after warning letter from ACLU

CHEYENNE — As Wyoming sheriffs decide whether they will work with President Donald Trump on extensive deportation plans, advocates from the American Civil Liberties Union of Wyoming warned county sheriffs this week of the risks of undertaking immigration enforcement.

Laramie County Sheriff Brian Kozak is pushing back, calling a Monday letter from the advocacy organization an attempt to “intimidate” him.

In a letter sent to all 23 of Wyoming’s county sheriffs, the ACLU of Wyoming warned that the mass deportations planned by the current administration and Immigration and Customs Enforcement will likely lead to an attempt to enlist state and local law enforcement to assist in deportation efforts.

“Wyoming officials should know they have a choice about using local resources on a flawed, inhumane and arbitrary immigration agenda,” ACLU of Wyoming Executive Director Libby Skarin said. “Compliance with ICE will not improve public safety or protect our communities. The ACLU of Wyoming will do everything in our power to preserve the dignity and humanity of immigrants and asylum seekers living in Wyoming.”

According to the letter, signed by senior staff attorney Andrew Malone and advocacy director Antonio Serrano, 287(g) agreements, named for a section of the Immigration and Nationality Act, allow federal authorities to delegate certain immigration enforcement activities to local law enforcement.

“They have a history of harming public safety, imposing serious financial burdens on localities, and leading to civil rights violations,” the letter reads. “Indeed, many sheriffs have chosen to end their 287(g) agreements for precisely these reasons.”

The letter was aimed at local officials who are considering these deals, and Kozak has stated his intention to participate in the program.

“Our goal with this program is to make sure dangerous criminals are not released into the community, especially now, when ICE will be busy,” Kozak wrote in an email to the Wyoming Tribune Eagle.

While Malone clarified that the intent of the letter was to inform and offer a resource for sheriffs, many of whom likely are encountering this program for the first time, Kozak said he believed the letter was designed to “intimidate” him and stop him from doing his job.

“Local sheriff ’s offices and police departments have to voluntarily agree to enter into these types of arrangements,” Malone told the Wyoming Tribune Eagle. “Because they don’t have to do it, we just wanted to make sure that anyone who might be considering this was really educated about the different risks. It certainly was not meant to intimidate anyone.”

Malone added that the 10th Amendment prohibits the federal government from commandeering local law enforcement agencies to do their work.

“I was elected to put public safety before politics and will always ensure LCSO works collaboratively with others, including the ACLU, to ensure criminals are brought to justice in a constitutional manner,” Kozak wrote.

In Kozak’s opinion, the 287(g) program would serve as an additional tool to safeguard the rights of undocumented criminals booked on state charges, while ensuring dangerous offenders are not released into Cheyenne.

“Instead of sending a threatening letter, I would rather the ACLU work with me to ensure our laws are followed and civil liberties, including those belonging to U.S. citizens, are protected,” Kozak told the WTE via email.

Public Safety

Local law enforcement agencies are not required to participate in enforcing federal immigration law, and they already submit the names and fingerprints of individuals booked into jail to the Federal Bureau of Investigation. The FBI then shares the information with ICE.

According to the ACLU, separately entering into the Warrant Service Officer program or other 287(g) agreements essentially makes local law enforcement an arm of ICE.

“Although your responsibilities would vary based on the precise terms of the agreement you make with ICE, the end result would be the same,” the letter reads. “Your local community’s perception would be that your department is hand-in-glove with ICE, and that every one of your officers or deputies wears a second hat of immigration enforcement.”

This perception has been shown to undermine community trust in law enforcement, the letter said. If community members are concerned about immigration enforcement, they may be less likely to call the police to provide tips, report crimes and seek necessary protection.

While the ACLU provided studies to support this point, Kozak reiterated that his deputies will not be going out into the community and participating in raids. He said his primary concern is serving the public.

“We want to make it clear that, if you need help from the sheriff ’s office, we’re there to help,” Kozak said. “We don’t care about the immigration status. If you witness a crime, let us know. If you are a victim of crime, let us know, because our focus is on arresting criminals.”

Financial burdens

The ACLU also raised concerns about the potential financial burdens that “volunteering to perform the federal government’s job of enforcing civil immigration law would impose.”

ICE is prohibited from covering the costs of these agreements, per federal statute, 8 U.S.C. § 1357(g)(1). This would mean that local law enforcement is unlikely to be fully reimbursed for additional expenses.

However, that financial burden is dependent on the specific agreement that local officials have with ICE.

Despite these restrictions, Kozak has noted that he intends to ensure that the Department of Justice will cover the training expenses.

“If I decide to move forward with this program, I will verify the DOJ will indemnify the deputies when they are acting in the scope and authority of the DOJ,” Kozak wrote.

The specific intergovernmental agreement that Kozak has been working on for more than a year would allow federal law enforcement agencies, such as the U.S. Marshals Service, the FBI and ICE, to book new offenders in the county jail, for a daily fee, pending approval from Laramie County commissioners.

Civil rights

These agreements also have the potential to make local law enforcement liable for constitutional and legal violations, according to the ACLU.

New burdens on law enforcement that these agreements often entail can increase the likelihood of racial profiling, the letter said. They can also increase missteps made while local law enforcement tries to interpret complex federal immigration law.

LCSO deputies will restrict their immigration enforcement to jails, rather than in the field, Kozak said. They also will not be checking immigration status until offenders are booked, the sheriff added.

This story was published on February 1, 2025.

1,068 words