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ICE Threatens Two County Sheriffs With Federal Charges Over Jail Access

DHS says the letters are meant to force handovers for deportation that legal experts say would not meet the elements of witness-tampering charges.

Overview

  • Federal agents hand-delivered letters and subpoenas in early July to Hennepin County Sheriff Dawanna Witt and Cook County Sheriff Tom Dart that warned they could face federal witness-tampering charges if they refused broad access to inmates sought by ICE.
  • Both sheriffs said they will continue to follow existing policies that require a judicial warrant before honoring ICE custody requests and they rejected the prosecutions as unlawful intimidation.
  • Legal analysts and former prosecutors say witness-tampering statutes require proof of intent and wrongful influence that do not clearly apply to a sheriff’s refusal to transfer custody, making successful prosecutions unlikely.
  • Local officials say some subpoenas sought interviews or transfers for people already released or asked for custody changes that jails cannot lawfully provide, creating operational confusion and legal disputes.
  • The action builds on the administration’s recent enforcement push in Minneapolis and Chicago and follows earlier DOJ lawsuits that federal judges dismissed, leaving prosecutors’ next steps and the tactic’s wider use unclear.