Hennepin County sheriff says department is a 'scapegoat' despite cooperation with ICE

[MUSIC PLAYING] KELLY GORDON: This is Minnesota Now. I'm Kelly Gordon in today for Nina Moini.

Today for the first time, we're hearing from Hennepin County Sheriff Dawanna Witt about her cooperation with ICE. Sheriff Witt says she has had "healthy conversations" with Tom Homan, the White House official in charge of the Minnesota immigration enforcement surge. Homan has said that federal officials could reduce the number of agents if jails like Hennepin County would cooperate and hand over inmates. But in a conversation with NPR's Meg Anderson, Sheriff Witt says she is cooperating already and abiding by state law.

DAWANNA S. WITT: I do think that sheriffs and, in this case, in Minnesota, specifically me, are being used for the scapegoat. When we're talking about we want the same thing in every state, every county in every state, and every state in the United States, I think sheriffs are getting the short end of the stick because we know that three things can happen. We could either get judicially signed warrants. Sheriffs don't have discretions on that. We would have to use-- we would have to abide by those warrants. They have to be judicially signed, though.

So there's that. What's getting lost in the conversation is what is-- used mostly are administrative detainers. Those are not signed by judges. That has been the big issue here in Minnesota. And again, when we're talking about different states, well, we know we have different court opinions, whether it's state or federal opinions, about-- based off of the laws in the state.

So that brings me back to state legislation. As Commissioner Schnell has mentioned already-- that they do cooperate with those administrative detainers because state law says so. So then why isn't it the same for sheriffs? Why do we have 87 sheriffs that have to make 87 different decisions based off of their communities? And frankly, the voters are my bosses. What is it that Hennepin County residents want?

So the judicially signed warrants-- one. Two, state legislation-- and then we also would have to talk about the opinions that were put out by our Minnesota Attorney General Keith Ellison, that legal guidance that was given. And he bases those off of what our state laws are, specifically about the administrative warrant. There's guidance from the AG that says that we cannot hold people one minute longer than we are-- that we are supposed. We cannot hold them on a detainer one minute for ICE to get there.

Well, my long history of working at more than just one sheriff's offices-- I could tell you that time has not been very good as far as timing for them to pick up the people that they are looking for. But if there was a warrant, just like all of us with our local warrants that we have for people-- we know that we're holding them in a reasonable amount of time for those other counties to come pick up people.

Keep in mind we're a pretrial facility. That's something that's really important for people to know. So I think that's one of the things that make it easier for the DOC because you know when people are getting out. They have been convicted, which is why they're there. But I am a-- I have a pretrial facility. So no one's been convicted on the current reasons that they're being held in our facility. And I think that's important to note.

It's funny having a discussion with someone else. And I said, in this country, we always said that you're innocent until proven guilty. So when you look at a pretrial facility and somebody who may or may not be eligible for deportation, is it based off of the fact that they were accused or based off of the fact that they were convicted? Well, if they were convicted, they wouldn't be in our jail. They would be going to prison if not the warehouse.

With all due respect to Mr. Homan, which, again, we had a great conversation-- but in one of those meetings where he said something, and it stuck with me-- he's been around through how many presidential-- how many presidents' administrations? What's changed in all that time was not the law regarding these issues. Why are we not fixing it? Why are we not fixing it? Why are we having this time where we're doing different things and putting this more about politics than we are about humanity, because that's what it is?

KELLY GORDON: Border czar Tom Homan wants county jails to alert ICE about inmates who could be deported. But Sheriff Witt says that would require cooperation from federal officials, too.

DAWANNA S. WITT: Right now, we do not make notifications. So if I were to change my mind, and I'm not saying that we are-- but are there lots of conversations going on? Absolutely. But making notifications-- but then to know, hey, the expectation is you need to be here in a timely manner because we're not going to hold people not one second longer than we're supposed to-- when they're queued to be booked out, so be it.

I fear that I make a phone call, and because we are so busy all the time, and if they're not going to get here, then that person's got-- well, I did my part. You need to do yours. So I wonder if that's going to go to another ask, like, well, you need to hold people.

No, I'm not interested in doing that. And I'm not interested in being sued. And I'm pretty sure my Hennepin taxpayers aren't interested in using tax money for this as well. So there's that. But to put it in a nutshell is-- I can say my trust is also broken. So you're going to have to show me. You're going to have to show me that there's good intent here.

KELLY GORDON: Sheriff Witt says she has more conversations with Homan planned this week. And by the way, the sheriff is on the ballot this November.