ACLU Calls for DHS Investigation into Frederick County Sheriff

FREDERICK, MD News (7/21/2023) – The American Civil Liberties Union (ACLU) and the ACLU of Maryland have taken action against Frederick County Sheriff Charles Jenkins by filing an administrative complaint with the U.S. Department of Homeland Security’s Office for Civil Rights and Civil Liberties (CRCL). The complaint seeks an investigation into the continuation of the 287(g) agreement between Immigration and Customs Enforcement (ICE) and the Frederick County Sheriff’s Office, following Jenkins’ federal indictment on criminal charges, misuse of office, and a poor civil rights record.

The complaint filed on July 11, 2023, outlines several areas the ACLU is urging CRCL to investigate. First and foremost is Sheriff Jenkins’ alleged misconduct, including his federal indictment on charges of conspiracy and making false statements. The ACLU accuses Jenkins of misusing his office to promote anti-immigrant racism and of asserting the supremacy of sheriffs over state and federal government.

In the complaint, the ACLU alleges that over the years Sheriff Jenkins has made inflammatory statements about immigrants, referring to them as “inherently violent,” “illegal aliens,” and “hardcore gangbangers.” It further alleges that he even suggested rounding up people and placing them in Guantanamo until they could be deported. Such rhetoric has raised concerns about racial profiling within the Sheriff’s Office.

The complaint also highlights alleged racial disparities in local policing, with data showing Black individuals being subjected to enforcement actions at disproportionately higher rates than their population in Frederick County. Local organizations allegedly have documented patterns of racial profiling against Latino drivers, indicating a practice of harassing members of the immigrant community.

Furthermore, the alleged inhumane conditions at the Frederick County jail come into question. In March 2023, reports emerged of individuals detained at the jail being subjected to inhumane conditions after a sewage system collapse left them surrounded by human feces for hours. This incident raises concerns about the treatment of detainees and the appropriateness of the Sheriff’s Office continuing its partnership with ICE.

Editor’s note: We are currently investigating the Frederick County jail sewage system collapse, and plan to cover this in a future article.

Another point of concern in the complaint is the limited transparency and accountability of the Sheriff’s Office. Despite Jenkins being on a leave of absence due to the federal indictment, he was seen conducting official business, including participation in a 287(g) steering committee meeting, where questions from the audience were not adequately addressed.

The 287(g) program, which allows local officers to enforce federal immigration laws under ICE’s authority, has been in place in Frederick County since 2008. However, the relationship between the Sheriff’s Office and the immigrant community has deteriorated significantly over the years, prompting the ACLU’s call for an investigation into the propriety of continuing the agreement.

In response to the complaint, the ACLU urges CRCL to conduct a thorough investigation, including data requests, site visits, and interviews with all involved parties. Furthermore, they recommend notifying the Department of Justice’s Civil Rights Division to jointly investigate the continued pattern of discriminatory policing in Frederick County.

The ACLU’s complaint aims to hold Sheriff Jenkins accountable for his alleged misconduct and seeks to reevaluate the 287(g) agreement with the Frederick County Sheriff’s Office to ensure transparency, fairness, and respect for civil rights within the community. As the investigation unfolds, the outcome could have significant implications for the relationship between local law enforcement, ICE, and the immigrant community in Frederick County.

Article by multiple RFHC contributors.