Sheriff’s Office Clarifies Role in Immigration Enforcement
Greg Ritchie
Messenger Reporter
HOUSTON COUNTY – The news has been filled the last few months with protests and complaints about federal law enforcement seeking to arrest and deport illegal immigrants who are wanted for serious crimes. While protests have rocked bigger cities and some cities and states have refused to work with federal officials, what is the line taken here locally? The Messenger decided to investigate.
Houston County Sheriff’s Office (HCSO) says it will continue cooperating with federal immigration authorities when asked—but prefers to work on local issues and let U.S. Immigration and Customs Enforcement (ICE) do their job.
Sheriff Zak Benge and Jail Administrator Donavan Mahan recently spoke to The Messenger to address how the department responds to ICE detainer requests and immigration-related concerns, emphasizing a clear distinction between local law enforcement responsibilities and federal immigration enforcement.
“If someone gets themselves involved in the criminal justice system—meaning they commit a violation that requires our involvement—and there’s any indication they may not be here legally, we will contact ICE,” Benge said. “If ICE confirms the individual is deportable and asks us to hold them, we will honor that detainer for up to 48 hours after their local charges are resolved.”
The policy reflects a careful balance between upholding the law and respecting individual rights, particularly those protected under the Fourth Amendment of the U.S. Constitution. The Fourth Amendment prohibits unreasonable searches and seizures, requiring that law enforcement have probable cause or a valid warrant to detain or search individuals.
“We don’t go out knocking on doors looking for immigration status,” Benge said. “That’s not our job. We’re not ICE. We’re the sheriff’s office, here to serve our community.”
Mahan added that deputies can ask for identification from passengers during a traffic stop, but unless a crime has been committed, individuals are not legally obligated to provide it. “The driver has to provide ID, but passengers don’t unless there’s a reason to suspect a crime,” he said.
If ICE issues a detainer for an inmate, the sheriff’s office will hold them only after local charges have been resolved and only for the federally allowed 48-hour period.
“If ICE wants them, they have 48 hours to come get them,” Mahan said. “After that, they’re released if there’s no other legal reason to keep them.”
In cases where ICE does not issue a detainer or express interest in taking custody, individuals are handled like any other local resident—whether that means receiving a citation, being released, or going through the usual court process.
“We treat them like anybody else,” Benge said. “We’re not going to hold someone longer just because of where they’re from.”
The approach in Houston County stands in contrast to practices in some larger cities, often referred to as “sanctuary cities,” where local law enforcement may refuse to honor ICE detainers entirely, even when individuals are wanted for serious crimes. Houston County, Benge said, does not consider itself a sanctuary jurisdiction, and is always open to help federal officials.
“We respect people’s rights and we follow the Constitution,” he said. “We’re here to enforce local laws and assist federal authorities when asked—but we’re not in the business of immigration enforcement.”
Though questions about immigration enforcement often rise during election cycles or national debates, Mahan said things have remained “about the same” in Houston County regardless of federal political shifts.
“At the end of the day, we’re here to protect our community,” Benge added. “That means respecting the law—all of it, including the Constitution.”
Greg Ritchie can be reached at [email protected]
