Asheville’s Sanctuary County Debate: Legal and Safety Implications Unfold

Asheville’s Sanctuary County Debate: What You Need to Know

Asheville, North Carolina, is currently at the heart of a heated debate regarding its status as a *sanctuary county*. This term, in simple terms, refers to cities or counties that limit how much they cooperate with federal immigration authorities, particularly the Immigration and Customs Enforcement (ICE). The situation is further complicated by the fact that Buncombe County, where Asheville resides, has recently been labeled as a sanctuary county by The Center for Immigration Studies (CIS), which advocates for pro-immigrant but low-immigration policies.

Is It a Law?

Here’s where the confusion comes into play. Back in 2015, North Carolina lawmakers passed a law that strictly prohibits counties from adopting sanctuary ordinances. The law states, “No county may have in effect any policy, ordinance, or procedure that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.” However, Buncombe County has not formally passed such an ordinance, which allows county officials some leeway to implement policies that many residents believe could lead to deeper issues.

Sheriff Miller’s Stand

The spotlight has been particularly bright on Sheriff Quentin Miller for refusing to comply with ICE detainers. This means he does not hold suspected undocumented immigrants for 48 hours after their initial release from local custody, even when federal officials request it. “A detainer request is not a valid warrant,” Miller pointed out at a press conference, emphasizing, “The sheriff’s office will continue to comply with all applicable state and federal laws, however we do not make or enforce immigration laws. That is not part of our law enforcement duties.”

While he is technically correct that a detainer isn’t a warrant, U.S. Attorney Andrew Murray weighed in on the matter, stating that judicial warrants for immigration violations do not exist. “Here’s the glaring problem: Judicial warrants for immigration violations do not exist. Federal law simply does not provide for them because immigration is a civil and administrative matter,” he said. Murray’s analogy highlighted that asking for a judicial warrant from ICE is as unrealistic as requesting a unicorn.

The Consequence: Innocents Pay the Price

The implications of these sanctuary policies have been troubling for some residents. In fact, over 500 criminal aliens were released in North Carolina in the fiscal year 2019 alone. A specific case in Buncombe County involved a criminal who faced inadequate sentencing after committing **Indecent liberties with a minor** against an eleven-year-old girl. Despite ICE’s request, the individual was released shortly after serving only a fraction of his sentence. This situation prompted local District Attorney Todd Williams to contact U.S. Attorney Murray as soon as the verdict was reached.

Legal Complications for the Sheriff

The 2015 law also includes provisions that make it illegal for counties to restrict gathering information regarding anyone’s immigration status or to withhold that information from federal agencies. This legal framework raises serious questions about whether Sheriff Miller’s policies are in alignment with state law.

A New Bill in the Works

To find a long-term solution to these contentious issues, the North Carolina House and Senate have passed House Bill 10, which mandates local sheriffs to cooperate with ICE. This bill requires sheriffs and local jails to inform federal authorities if they cannot determine the legal status of individuals charged with serious crimes like murder, rape, and human trafficking. If the bill is signed into law by Governor, it will institute a system where serious offenders are presented before a state judge who will decide whether to hold them for ICE or to rescind their request.

What Lies Ahead?

The tug-of-war between local sanctuary policies and federal immigration enforcement has brought Asheville into the spotlight. Whether these policies will remain in place or be adjusted to align with the new bill is still uncertain. What is clear, however, is that the conversation around immigration, community safety, and local law enforcement is only going to intensify. As the debates continue, it’s crucial for Asheville residents to stay informed and engaged on these vital issues impacting their community.