Maine Governor Vows to Oust Sheriffs Who Thwart ICE

Maine Gov. Paul LePage on Tuesday threatened to remove sheriffs who refuse to cooperate with federal immigration officials, setting up a showdown with a handful of elected law enforcement officials in the state who have said they would not honor federal hold requests.

Following through with a warning he issued Monday on “The Laura Ingraham Show,” LePage sent a letter to every sheriff in the state reminding them of an executive order he issued in 2011 requiring all employees and officials in the state to cooperate with the federal government on “all matters pertinent to immigration” except as contradicted by the Constitution or law.

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The governor cited his authority under the state constitution to remove sheriffs who have not faithfully or efficiently performed their duties, and to appoint replacements to finish their terms in office.

“Should any citizen of Maine notify me of any undocumented, illegal alien who has detained and released by a Maine sheriff following a written United States Immigration Customs Enforcement (ICE) request the alien be detained pending federal enforcement action, I will commence the specific process afforded me under the Maine State Constitution Article IX Section 10,” he wrote.

LePage wrote that ICE officials have to make probable cause determinations after a thorough review of the facts.

“The State of Maine recognizes the federal government’s announced policy to prioritize the removal of illegal aliens who do U.S. citizens harm,” he wrote. “My goal is to ensure all Maine children, families, and citizens are kept safe from harm.”

Although LePage did not mention any sheriffs by name, he appeared to be targeting Cumberland County Sheriff Kevin Joyce, who declared last week that his office no longer would detain prisoners at the request of ICE.

The Cumberland County Sheriff’s Office did not immediately respond to an inquiry from LifeZette, but Joyce told the Portland Press Herald on Monday that he would not change his policy. He said so-called ICE detainers are merely requests, not judicial orders. He said he would hold suspected illegal immigrants beyond their release dates only if he receives warrants signed by judges.

Joyce told the newspaper that the governor’s power to remove a sheriff is limited to malfeasance, which he believes he has not committed.

“I feel confident that we’re following the law and doing what is right, legally,” he said. “Unless he can find someone who can tell me differently, I have to follow the law.”

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The Maine Sun Journal reported that the Cumberland County Jail so far this year has detained 83 people wanted by ICE. ICE directly arrested 72 of them but detained the other 11 through detainer request, according to the paper.

Two other sheriffs — York County’s William King and Sagadahoc County’s Joel Merry, indicated that would follow Cumberland County’s lead, according to local media.

“I stand with Sheriff Kevin Joyce and will not honor a ‘request’ from the federal government to hold an immigrant without proper documentation,” King wrote on Facebook on Monday. “I make no apology for protecting the taxpayers of York County from needless litigation.”

But Merry told LifeZette that the governor’s order does not apply to him since he does not even run a jail. He said his department participates in a regional jail. He said administrators have told him that in the 11 years the facility has been open, they have never received a detainer request.

“It’s really not an issue for me,” he said. “I’ve always prided myself on working collaboratively with federal, state and local law enforcement agencies.”

(photo credit, article image: Gage Skidmore, Flickr)