ACLU Highlights Variances in Immigration Enforcement Agreements Across Wyoming
The American Civil Liberties Union (ACLU) released a statement on Tuesday revealing significant discrepancies in how various counties in Wyoming implement agreements supporting immigration enforcement. A key finding was the consistent absence of public notice and opportunities for public input, a concern raised by the ACLU following its review of public records related to 287(g) agreements with U.S. Immigration and Customs Enforcement (ICE).
Legal Action Over Lack of Public Process
The ACLU has taken legal action against the Laramie County Sheriff’s Office, accusing Sheriff Brian Kozak and his team of contravening state law by signing three contracts with ICE last year without any public process or approval from county commissioners. These agreements enable local and state law enforcement agencies to conduct certain federal immigration operations under the supervision of ICE, as part of its 287(g) program, which includes Jail Enforcement, Task Force, and Warrant Enforcement models.
Records Requests Shed Light on County Practices
During a virtual forum in June, Andrew Malone, a senior staff attorney with the Wyoming ACLU, shared insights on their records requests targeting the Wyoming Highway Patrol and seven other counties involved with ICE agreements. This investigation aimed to uncover whether law enforcement agencies had improperly enacted the terms of these agreements, similar to the allegations made against the Laramie County Sheriff’s Office.
Missing Documentation in Several Counties
The ACLU’s findings indicated that Campbell, Hot Springs, Lincoln, and Natrona counties failed to provide any documentation showing that their commissioners had “reviewed or approved” the 287(g) agreements prior to their adoption. The sheriff’s offices in these counties did not respond to WyoFile’s inquiries regarding the ACLU’s records requests by the time of publication.
Formal Authorization in Carbon and Crook Counties
In contrast, the Carbon County Commission officially endorsed Sheriff Alex Bakken’s decision to enter into a warrant officer contract with ICE, presenting the program’s details to the commission in 2025. Meanwhile, records from Crook County indicate that county commissioners passed a resolution in 1998 granting the sheriff “authority to enter agreements with other law enforcement agencies,” suggesting a more structured approach compared to other counties.
Recent Developments in Sweetwater County
This month, following the ACLU’s lawsuit against the Laramie County Sheriff’s Office, the Sweetwater County Commission retroactively ratified three 287(g) agreements that former Sheriff John Grossnickle had unilaterally entered into with ICE since 2020. Notably, the Sweetwater County Sheriff’s Office is one of the few agencies, alongside Laramie County, to possess all three 287(g) agreements with ICE.
Concerns Over Compliance with State Law
The ACLU also sought to determine whether the counties and the Wyoming Highway Patrol adhered to the Wyoming Administrative Procedure Act’s rulemaking process prior to signing their 287(g) agreements. Their lawsuit claims that these agreements established significant new regulations for the department, necessitating adherence to state administrative procedures, which include a mandatory 45-day public notice period and an opportunity for a hearing if requested by a significant number of residents.
Statements from Law Enforcement Officials
Malone emphasized that their findings reveal an inconsistent application of the law across Wyoming, with the notable absence of required public notice and comment periods. He asserted that the sheriff’s office appears to be operating without a clear understanding of the state legal framework governing partnerships with ICE.
A hearing addressing the charges against the Laramie County Sheriff’s Office is scheduled for Monday at 10 a.m. in Laramie County District Court. This session will explore whether the case can be dismissed on procedural grounds.
