By SPEAKIN’ OUT NEWS
An Alabama attorney is warning that local law enforcement agencies partnering with federal immigration officials could be exposing themselves to new legal risks.
James L. Stirling, an Anniston-based attorney, recently sent letters to sheriff and police departments across the state that have joined U.S. Immigration and Customs Enforcement (ICE) through 287(g) agreements. These agreements allow local officers to perform certain duties of federal immigration agents.
“Recent federal court decisions have established that local law enforcement agencies may incur liability based solely on ICE detainers,” Stirling wrote. He cautioned that these partnerships could open the door to lawsuits, arguing that local officers could be drawn into unconstitutional actions.
Stirling warned that officers acting under ICE authority could prolong detentions beyond what state law allows, execute civil immigration detainers, or engage in racial profiling. “They risk transforming what would otherwise be a federal action into a local constitutional violation,” he said.
He also encouraged agencies to contact their liability insurance carriers to prepare for potential civil rights lawsuits tied to immigration enforcement.
But law enforcement officials reject those claims. Huey “Hoss” Mack, president of the Alabama Sheriffs Association, said the agreements have been thoroughly reviewed by legal teams and are consistent with previous federal partnerships.
“All contracts that are signed by a sheriff — whether related to 287(g) or anything else — are always reviewed by county attorneys and legal departments,” Mack said. He called Stirling’s warning “a threatening letter” and added, “It’s obvious this attorney is anti-immigration enforcement and anti-law enforcement.”
As of this year, several Alabama sheriff’s offices and police departments have joined ICE through 287(g) agreements. The Alabama Attorney General, along with sheriffs in Baldwin and Mobile counties, did not respond to requests for comment.
