The Portage County Sheriff’s Office last week issued a news release stating its officers would receive training by U.S. Immigration and Customs Enforcement, or ICE, to enforce immigration law.
The Memorandum of Agreement (MOA), which Zuchowski signed on March 11 and ICE’s acting director signed March 17, authorizes the sheriff’s office to:
- Interrogate “any person believed to be an alien as to his right to be or remain in the United States”
- Arrest a person without a warrant if the officer witnesses them entering the U.S. unlawfully or “has reason to believe” the person is in the U.S. illegally “and is likely to escape before a warrant can be obtained”
- Arrest a person without a warrant for felonies if “the officer has reason to believe the alien to be arrested is in the United States in violation of the law and is likely to escape before a warrant is obtained”
- Maintain custody of people on behalf of ICE
- The MOA requires the sheriff’s office to proffer local or state charges against those it arrests. The people are to be held locally until their sentences have been served, after which time the sheriff’s office is to notify ICE for same-day removal to a “relevant ICE detention office or facility.”
“Although Portage County may not be a border community, the impacts of crime do not stop at border towns and in many ways impact communities throughout our county,” Sheriff Bruce D. Zuchowski’s April 11 social media post states. “As an office, we have encountered illegal immigrants during the course of our daily responsibilities.”
His post also states that the agreement allows the sheriff’s office “to be more effective in its efforts to enforce both criminal and immigration laws, improving community safety and security.”
If the sheriff’s office doesn’t bring any local or state charges, the MOA allows deputies to “process” people and have ICE determine, on a case-by-case basis, how to handle them. “Special interests or other circumstances” may apply.
According to the MOA, ICE will provide instructors and training materials, but the sheriff’s office is responsible for its own personnel expenses, including salaries and benefits, local transportation, and any “official issue materials” it may use.
The sheriff’s office did not respond to questions from The Portager.
Those questions included:
• Why did the sheriff’s office choose to pursue an MOA with ICE? What will immigration enforcement activities look like in Portage County?
• How many deputies will be trained and how will they be selected?
• The agreement with ICE does not generate additional revenue for Portage County, but could potentially increase local costs. What is the projected annual cost local taxpayers will be expected to pay for personnel expenses, interpreters, housing and transportation of detainees, and other ICE-related activities? Is there an upper limit?
• Since the sheriff’s budget for 2025 has already been set, will Zuchowski be asking the county commissioners for additional funds to cover training, personnel and other costs related to its new ICE duties?
• In light of Zuchowski’s 2024 comment referring to undocumented immigrants as “illegal human locusts,” The Portager also asked him to respond to concerns that this agreement will encourage racial profiling or discriminatory enforcement. Had the sheriff’s office consulted with local immigrant communities or advocacy groups about this agreement?
• How will deputies be trained to avoid civil rights violations, especially with language and cultural barriers? And, since Portage County doesn’t border a national border and doesn’t have a large ICE facility, we asked what local need there is for this level of immigration enforcement.
• Under the agreement, the sheriff’s office would be liable for property damage, injury, death or other incidents while “acting under color of Federal authority.” Even though the U.S. Department of Justice would defend deputies named in potential lawsuits, The Portager wanted to know if the county’s insurance company is willing and able to pay out should the sheriff’s office be found liable? If so, what is the limit of the insurance company’s willingness?
Portage County’s board of commissioners have no control over the sheriff, who is a fellow elected official. They do, however, allocate money for all departments and offices, including the sheriff’s office.
The Portager reached out to the commissioners for comment, specifically asking about the potential financial commitment, potential liability and the welcoming environment this county has long endeavored to cultivate. They did not reply.
Among our questions: Are the commissioners concerned about potential racial profiling, civil rights violations and unlawful detentions? Also, since Portage County is home to Hiram College, Kent State University and NEOMED, Hiram, Kent and Rootstown have large numbers of international students. Given that a number of KSU’s international students have already had their visas revoked for unclear reasons, what do the county’s top leaders have to say to international students who may be concerned about the sheriff’s new authorization?
The Portager also reached out to Portage County NAACP President Reney Romine, who urged all people, regardless of their political affiliation or job, to ask themselves if they are supporting wrongdoing simply because they do not like the people being wronged.
“We are treading into some very dangerous territory anytime local law enforcement agents are permitted to act in a ‘lawful’ manner without regard to one’s due process, regardless of the circumstance,” she said. “This could really blur the lines and lead to civil lawsuits.”
The Portage County NAACP will soon offer a series of “Real Talk” forums designed to educate community members and to discuss ways to keep them safe, especially in highly emotional situations.
Romine said she welcomes the opportunity to make immigration law a forum focus, and welcomes subject matter experts and current and retired police officers who may be willing to participate.
At the national level, she said NAACP attorneys are spearheading Civil Rights Advocacy Training Institutes across the nation.
The Portager also reached out to the ACLU of Ohio in Cleveland, but has received no response.
We will update this article and publish new information in The Portager newsletter if any officials respond to our questions.
Wendy DiAlesandro is a former Record Publishing Co. reporter and contributing writer for The Portager.