A nonprofit led by one of President-elect Donald Trump’s advisers told two Maine counties they may face criminal liability if they maintain so-called sanctuary policies and do not cooperate with federal immigration authorities.
America First Legal, whose president, Stephen Miller, will serve as Trump’s deputy chief of staff for policy and homeland security adviser when the former president returns to the White House in January, sent 249 letters last week to officials in cities and states with “sanctuary” policies. The recipients included officials from Cumberland and Hancock counties in Maine.
“Your jurisdiction’s sanctuary laws or policies therefore make a mockery of American democracy and demonstrate a shocking disrespect for the rule of law,” the six-page letters signed by a lawyer for the nonprofit said.
Top Democrats in other states have dismissed the letters as a “scare tactic” and political posturing ahead of Trump’s Jan. 20 inauguration. Trump has also pledged to carry out the largest deportation operation in U.S. history, and Gov. Janet Mills said in November she would wait to assess any specific plans before deciding to oppose them or cooperate.
“Sanctuary” jurisdictions generally forbid or limit local officials from cooperating with federal immigration agents who are carrying out deportation orders. The letters did not specifically point to any policies in Cumberland and Hancock counties that run afoul of federal law.
The Cumberland County Jail has not honored federal Immigration and Customs Enforcement requests to hold inmates beyond their release dates since 2017 under a policy implemented by Sheriff Kevin Joyce, a Democrat. ICE identified the Hancock County Jail in a June report as having a similar policy.
One of the America First Legal letters was addressed to Cumberland County Administrator Jim Gailey, who did not respond to a request for comment on Monday. But Joyce defended the policy as protecting taxpayers from civil litigation and noted federal courts have found the requests that are known as detainers do not carry the force of law.
“Apparently, Stephen Miller has not verified his facts prior to writing the … letter,” Joyce said via email Monday. “We are not a sanctuary [sheriff’s office].”
Joyce said he and other sheriffs around the country have required ICE to provide them with warrants or probable cause documents to hold individuals beyond release dates and have told ICE ahead of time that an individual of interest to immigration agents was going to be released. The Cumberland County Jail also has an ICE representative who assists with immigration court matters and answers questions from inmates.
The jail currently has 33 inmates awaiting immigration-related orders, according to Joyce, who added his office has “never refused to assist ICE” and has provided backup upon request.
Hancock County Commission Chair John Wombacher, to whom the nonprofit addressed its letter, did not immediately respond Monday to an email seeking comment, while Hancock County Administrator Michael Crooker said he had not yet seen any letter.
The letters came as Trump’s incoming “border czar,” Tom Homan, the former acting ICE director, suggested earlier in December that city officials who don’t help the administration deport people living in the country illegally could face criminal charges.
“Our staff and I are sworn to enforce the law and to protect the constitutional rights of those whom we serve,” Joyce said. “I feel that we are doing that in the best possible way while also protecting the ‘pocket books’ of the Cumberland County property taxpayers.”
