Politics
Local Sheriffs Are Turning Their Jails Into ICE Detention Centers
Vans carrying immigrants arrive at Ohio’s Butler County Jail, about an hour north of Cincinnati, throughout the day and night. They come from across the state, from Illinois, Michigan and even Arizona. Some detainees will spend a few nights here, others weeks, as they wait to be deported.
Immigrant detainees are not new to Butler County. Except for a hiatus during the Biden years, the sheriff has held a contract with Immigration and Customs Enforcement to use space in his jail for nearly two decades. But now they fill nearly half the jail’s 860 beds.
Butler is among the largest of a growing number of county jails and other local facilities that now house a sizable chunk of ICE detainees, many of whom have never been charged with a crime. The agency’s use of these facilities has more than doubled since President Trump took office, and jails held about 10 percent of all detainees, or 7,100 people, on average, each day in July.
With detention numbers at a record high, jails have proven to be a quick and convenient way for ICE to expand its detention capacity beyond existing federal and private facilities. Many sheriffs are eager to assist in Mr. Trump’s mass deportation plans — and to shore up their budgets — by offering up their beds.
“We’re essential,” said Jonathan Thompson, the executive director and chief executive of the National Sheriffs’ Association. “ICE can’t do what they need to do under the current circumstances without sheriffs and our jails.”
County jails play a critical role in ICE detention
Jails are often the first stop on the way to somewhere else in ICE’s vast detention network, and they fill a geographic hole for ICE in the Midwest in particular, where there are few detention centers.
At most jails, ICE can easily spin up a contract through existing partnerships to hold federal inmates with the U.S. Marshals Service, reducing the time it takes to approve a new facility. County jails do not have to provide immigrants the same level of legal and medical services as those offered in dedicated ICE facilities, and the bed space is usually less expensive, too.
This year, the agency has inked new detention contracts with jails in both rural counties and urban areas. Most of the sheriffs signing up are in red states or from Republican-led areas of blue states, like Nassau County in New York. But the agency also holds large contracts for detention space at jails in Democratic-led states, including Massachusetts, Minnesota and Vermont.
Norman Chaffins, the sheriff in Grayson County, Ky., visited the White House during the first Trump administration to hear from leaders at ICE and Border Patrol. “That’s where I first understood that even though we’re not a border state, we’re still feeling the effects of illegal immigrants right here in our county,” he said. The jail now holds about 150 people each day for ICE.
Legal groups and immigrant advocates say local jails are ill-equipped to house immigrants, whose needs for legal, language and medical services are often different from those of other inmates. Inspections at some local facilities have turned up violations of ICE standards — water leaking from ceilings into beds, no daily change of clean socks and underwear — though conditions at county jails can vary widely.
During the Biden administration, ICE went as far as ending one jail contract in Alabama and pausing another in Florida, citing “serious deficiencies” and concerns about medical care. Under Mr. Trump, both facilities are once again holding hundreds of immigrants.
A spokeswoman for the Department of Homeland Security said that both facilities were recently inspected.
“If county jails are good enough to hold U.S. citizens, then they are sure good enough to hold illegal aliens,” Tricia McLaughlin, an assistant secretary for the Department of Homeland Security, said in a statement.
Reviving an old model
Jails have been part of the ICE detention system since the agency’s creation. During the George W. Bush administration, ICE had contracts with around 350 jails, and about half of all immigrant detainees were held in local facilities. The detention model, at the time, was to seek out contracts with lots of jails for little bits of use — five, 10, 20 beds.
At the start of the Obama administration, the Department of Homeland Security overhauled its approach to detention and began to contract with dedicated facilities designed specifically for ICE, mostly by private prison operators.
“At the county jails, oversight was complicated, and there were concerns about mixing civil immigration detainees with criminal inmates, and bad things were happening,” said Claire Trickler-McNulty, a former ICE official who served in Republican and Democratic administrations. “The thinking was: Let’s reduce the number of county jails and focus on building civil detention.”
Under Mr. Trump, ICE is seeking both new and old ways to find space for the tens of thousands of people in its custody. The administration has reopened several private facilities that sat dormant, and it has struck deals in Indiana and Nebraska to use beds in their state prisons. And it has turned back to the county jails.
“All you sheriffs in the room, we need your bed space,” Tom Homan, the so-called border czar, said at a National Sheriffs’ Association’s conference in February.
Average daily population at local facilities with the largest growth in ICE detention this year
County jails have made room for ICE detainees
A single county jail provides ICE with at most 500 beds a day, though many operate above their contracted capacity. In July, there were about 163 local facilities being used by ICE, and, on average, they each held about 44 people a day.
“ICE doesn’t have the capacity for what they’re doing,” said Bob Gualtieri, the sheriff in Pinellas County, Fla. He said that ICE needs more beds for longer stays — 60 to 90 days — which some jails can provide. “You can deputize tons of local cops, but if the system doesn’t have enough room, what are you doing?”
In many cases, the size of the jail is less important to ICE’s strategy than its location. People arrested in nearly any state can be held locally until ICE can find space in one of its large, private detention facilities clustered in the South. Since the start of Mr. Trump’s crackdown, more than a third of all people arrested by ICE have been held in a local facility at some point.
Thousands of ICE detainees have been moved through county jails
“We have the largest jail infrastructure in the world, and it’s an easy thing for ICE to fall back on,” said Silky Shah, the executive director of the Detention Watch Network, an advocacy group that opposes immigrant detention. “The jail is a really central component of the deportation machine.”
Political and other benefits
Many sheriffs see the decision to partner with ICE as good policy — most support tougher immigration restrictions, according to a 2022 survey — and good politics. Often, their constituents do too.
“There’s an ideological role that’s played where sheriffs are excited about participating in the deportation process and supporting President Trump’s agenda,” said Mirya Holman, a professor of public policy at the University of Houston who studies the role of the sheriff’s office.
Inside Butler County Jail, Sheriff Richard K. Jones’s office displays several photographs of Mr. Trump, including one of both men thumbs-upping together after a campaign rally in Cincinnati in 2016 where the sheriff took the stage.
Mr. Jones first signed on to accept ICE detainees in 2008 but canceled the jail’s contract under President Joseph R. Biden Jr., in part because he didn’t like the administration’s immigration policies. (The jail was also facing a lawsuit brought by two immigrants who alleged they were beaten by guards.)
Mr. Jones said he got interested in helping ICE 20 years ago after an undocumented immigrant released from his jail went on to rape a 9-year-old girl. He feels his motivations line up with the administration’s enforcement priorities, even as they have expanded to include people without a criminal record.
His corrections staff members, he said, prefer to work in the cellblocks housing immigrants.
“They don’t cause any trouble. They stay to themselves. They have tables they can play cards on,” he said. “My local homegrown prisoners want to fight all the time.”
ICE typically pays jails $70 to $110 per day per detainee, usually more than counties budget for local inmates. For some counties, that is a small but significant — and reliable — source of revenue. In Butler County, the total budget for the sheriff’s office this year is $49 million, and the county expects to earn about $4 million from ICE.
But at least some sheriffs say it’s not worth it.
“We were making $1 million a year holding federal inmates,” Joe Kennedy, the sheriff in Dubuque County, Iowa, said about an earlier contract with the federal government. He declined an invitation from ICE to offer detention space in his jail this year.
“The problem was, logistically, it was very difficult. You’re responsible for moving the inmates, getting them to court hearings — we were running people all over,” he said. “We’re not interested in putting our staff through that again.”
‘Carceral, punitive places’
One of the chief criticisms of ICE’s jail partnerships is that jails are meant for criminal, not civil, detention. Most immigration violations are a civil offense, and about a third of people arrested by ICE this year had no criminal history.
“People hate private detention because they hate the profit motive, but the local jails are jail — they are carceral, punitive places,” said Royce Murray, who was a senior D.H.S. official in the Biden administration.
In interviews, immigrants who spent time detained at county jails in Florida, Indiana and Kentucky described what they said was cruel and unfair treatment by corrections staff, including taking away their mattresses and bedding, or refusing to provide basic necessities like cups and spoons. One detainee said he would rinse out old potato chip bags in order to have something to drink water from.
Unlike local inmates arrested on charges like drunk driving or drug possession, immigrant detainees are rarely given the option to bond out of jail. While most are transferred to bigger ICE facilities after 72 hours, in some cases, they have spent weeks or months inside jails not designed for long-term stays.
Average length of stay for ICE detainees held at county jails this year
There was once an effort to make the rules governing ICE facilities consistent — provisions like no less than five hours per week of access to law libraries for detainees, and at least one hour per day of outdoor physical exercise — but the agency has loosened those requirements for some facilities over the years, including many jails.
This year, there have been reports of overcrowded, unsanitary and inhumane conditions at some of the local facilities ICE uses. Detainees at a state corrections facility in Anchorage said they had been pepper sprayed and denied access to their lawyers. At the Phelps County Jail in Rolla, Mo., — which signed its first ICE detention contract this year — a 27-year-old Colombian man died by suicide in April. (As of this month, the jail will no longer accept new ICE detainees and will transfer existing ones, citing cost concerns.)
Federal officials declined to answer specific questions about these cases and said all jails used by ICE meet federal detention standards. “Routine inspections are one component of ICE’s multilayered inspections and oversight process that ensures transparency in how facilities meet the threshold of care outlined in contracts with facilities, as well as ICE’s national detention standards,” Ms. McLaughlin, the D.H.S. spokeswoman, said.
On a visit in July, the Butler County Jail appeared clean and organized. It was not crowded. The jail holds about 90 people per cellblock, or “pod,” with two people per cell. Male ICE detainees were held in a separate area of the jail from regular inmates, but the few women were mixed with the local population. Small televisions showing Bounce TV played in the cells.
But there was no library, no internet access or computers. In the pod reporters visited in July, there was one cart of about two dozen books. The pods at the jail each have their own recreation area: a concrete basketball half-court with a single window. Detainees are not allowed outside.
Politics
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Politics
Portland mayor demands ICE leave city after federal agents use tear gas on protesters ‘Sickening decisions’
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The mayor of Portland, Oregon, is calling on U.S. Immigration and Customs Enforcement (ICE) to leave his city after federal agents deployed tear gas at a crowd of demonstrators, including young children, outside an ICE facility over the weekend.
Mayor Keith Wilson characterized the protests on Saturday as peaceful, as federal agents reportedly used tear gas, pepper balls, flash-bang grenades and rubber bullets against the anti-ICE demonstrators.
Wilson urged ICE agents to resign and for the agency to leave Portland, denouncing their “use of violence” and the “trampling of the Constitution.”
“Today, federal forces deployed heavy waves of chemical munitions, impacting a peaceful daytime protest where the vast majority of those present violated no laws, made no threat, and posed no danger to federal forces,” he said in a statement on Saturday.
CHICAGO MAYOR BRANDON JOHNSON PUTS ICE ‘ON NOTICE’ WITH EXECUTIVE ORDER SEEKING PROSECUTION OF AGENTS
Mayor Keith Wilson characterized the protests in his city as peaceful, as he called for ICE to leave. (Ali Gradischer/Getty Images)
“To those who continue to work for ICE: Resign. To those who control this facility: Leave. Through your use of violence and the trampling of the Constitution, you have lost all legitimacy and replaced it with shame. To those who continue to make these sickening decisions, go home, look in a mirror, and ask yourselves why you have gassed children. Ask yourselves why you continue to work for an agency responsible for murders on American streets. No one is forcing you to lie to yourself, even as your bosses continue to lie to the American people,” the mayor continued.
The mayor added that this nation “will never accept a federal presence where agents wield deadly force against the very people they are sworn to serve.”
“I share the impatience with those who demand we use every legal tool at our disposal to push back against this inexcusable, unconscionable, and unacceptable violence against our community,” Wilson said. “I share the need to act. Actions that can withstand the scrutiny of the justice system take time – and we cannot afford to lose this fight.”
CBP/BORDER PATROL AGENTS PLACED ON ADMINISTRATIVE LEAVE AFTER DEADLY CONFRONTATION WITH ALEX PRETTI
Federal agents deployed tear gas at a crowd of demonstrators, including young children, outside an ICE facility in Portland. (Victor J. Blue/Bloomberg via Getty Images)
Portland officials are working to operationalize an ordinance, which went into effect last month, that imposes a fee on detention facilities that use chemical agents, the mayor said.
“As we prepare to put that law into action, we are also documenting today’s events and preserving evidence. The federal government must, and will, be held accountable,” he wrote.
“Portland will continue to stand firmly with our immigrant neighbors, who deserve safety, dignity, and the full protection of the communities they help build,” he continued. “We are also proud of the Portlanders who showed up today in peaceful solidarity, demonstrating the strength and clarity of those shared values in the face of federal overreach.”
This comes amid national unrest and bipartisan scrutiny of immigration enforcement tactics following two killings of U.S. citizens by federal immigration agents last month in Minneapolis.
The Trump administration has faced bipartisan scrutiny over its immigration enforcement tactics following two killings of U.S. citizens by federal immigration agents in Minneapolis. (Demetrius Freeman/The Washington Post via Getty Images)
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Renee Nicole Good was shot and killed by ICE agent Jonathan Ross on Jan. 7 in Minneapolis, and Alex Pretti was fatally shot on Jan. 24 by Border Patrol agent Jesus Ochoa and Customs and Border Protection officer Raymundo Gutierrez while he was recording immigration enforcement operations in the same city.
Pretti, an ICU nurse, appeared to be attempting to assist a woman agents had knocked down when he was sprayed with an irritant, pushed to the ground and beaten, according to video and witness accounts. An agent was later seen pulling Pretti’s lawfully owned firearm from his waistband before other agents fired several shots, killing him.
Politics
Commentary: A California lawyer takes the civil rights fight home to Minneapolis
How do you find the missing?
If you do find them, how can you help?
Oakland civil rights attorney James Cook has been on the ground in Minnesota for months figuring out answers to these question as he goes.
A fast-talking Minneapolis native who still lives in the Twin Cities part time, Cook is one of a handful of attorneys who have dropped everything to aid (for free) those caught up in the federal crackdown — protesters, immigrants and detained citizens — too many of whom have found themselves facing deportation, arrest or even been disappeared, at least for a time.
Civil rights attorney James Cook in the rear view mirror as he makes phone calls in his car in Minneapolis.
(Caroline Yang/For The Times)
“They are leaders that are on the ground really helping people through this process,” Minnesota school board member Chauntyll Allen told me.
She’s one of the protesters arrested inside a local church, charged with conspiracy to deprive others of their constitutional rights by Pam Bondi’s politicized Department of Justice, which also Friday arrested journalist Don Lemon for the same incident. Cook is one of the lawyers now representing Allen.
“It shows us that the judicial arm, or some of the judicial arm of our democracy, is willing to step up and ensure that our democracy stands strong,” Allen said of Cook and others like him.
While it’s the images of clashes in the streets that captivate media and audiences, it’s lawyers like Cook who are fighting an existential battle in the background to preserve the rule of law in a place where it is increasing opaque, to put it gently.
The legal work behind detentions has largely been an overlooked battlefield that will likely rage on years after ICE departs the streets, leaving in its wake hundreds if not thousands of long-and-winding court cases.
Beyond the personal fates they will determine, the outcome of the civil litigation Cook and others are spearheading will likely force whatever transparency and accountability can be pulled from these chaotic and troubling times.
It’s time-consuming and complicated work vital not just to people, but history.
Or, as Cook puts it, “I’ll be 10 years older when all this s— resolves.”
Federal agents stand guard against a growing wall of protesters on Jan. 24 in Minneapolis, just hours after Alex Pretti was shot by federal agents.
(Caroline Yang/For The Times)
Cook told me this while on his way to the Bishop Henry Whipple Federal Building where some detainees are being held, maybe. It’s hard to find out. A few years ago, when immigration enforcement in Minnesota ramped up under the first Trump term, activists tried to get the name of the building changed, arguing Whipple, the first Protestant Episcopal bishop in the state, had been an advocate of the marginalized and wouldn’t want his name associated with what the feds were up to.
It didn’t work, but the movement’s slogan, “What would Whipple do?” still has resonance in this town, where two American citizens, Alex Pretti and Renee Good, have been fatally shot while protesting — incidents ugly enough that Bruce Springsteen wrote a song about them.
Cook is well aware that the guns carried by the federal agents are not for show, even without the Boss’ new ballad. Just a few days ago, one of the first times he drove his beat-up truck up to the gate, the federal guards at Whipple pointed their guns at him.
“I’m like, ‘Hey, I’m going to take my keys out of the ignition, drop them on the ground. So please don’t shoot,’” he said.
They lowered the guns, but Cook was scared, a feeling that doesn’t come easy.
Long before his law degree, when he was a punk-rock loving teen in the 1980s, fresh out of Southwest High, the public school not too far from Whipple, a former coach convinced him to give up college dreams and instead pursue a shot at making the first Muay Thai kickboxing team at the Olympics.
The martial art ended up not making it as an official Olympic sport, but the experience launched Cook into a professional boxing and kickboxing career that took him to competitions around the world, and taught him fear is not a reason to back down.
But, “Father Time is undefeated,” Cook said. “I got older and I started losing fights, and I was like, all right, time to get back to life.”
That eventually led him to obtaining a law degree in San Francisco, where after an intern stint as a public defender, he decided he wanted to be a trial attorney, fighting in court.
Civil rights attorney James Cook has been doing pro bono immigration work since the crackdown began in Minneapolis.
(Caroline Yang/For The Times)
He started cold-calling John Burris, another Bay Area lawyer who is an icon of civil rights and police misconduct cases. Burris, who has been called the “Godfather of Police Litigation,” was involved in the “Oakland Riders” case in 2000, when officers were discovered to have planted evidence. He also represented Rodney King, the family of Oscar Grant, and the family of Joseph Mann among many others.
But Burris, a boxing fan, didn’t respond to Cook’s calls until the young lawyer offered him free tickets to one of his fights, which he was still doing on the side.
“And then immediately I got a call back,” Cook said.
Burris said Cook’s history as a fighter intrigued him, but “I did say to James, you can’t be a fighter and lawyer. You can’t get punched in your head all the time.”
Cook did not take this advice.
Still, Burris said, “It was his persistence that I admired, because the type of work we’re involved in, you need people who are dedicated, who have some real commitment to the work, and he showed that kind of consistency and dedication.”
Cook’s been working with Burris more than 20 years now, but until recently, the labyrinth of the immigration system wasn’t his area of expertise. It’s been a crash course for him, he said, on the often arcane laws that govern who gets to stay in America and who doesn’t.
It’s also been a crash course on what a civil rights emergency looks like. Along with his work looking for locked-up immigrants, Cook spends a lot of time on the streets at protests, helping people understand their rights — and limitations — and seeing first hand what is happening.
“If you ever wondered what you would have done in Germany, now is the time,” he said. “Now is the time to do something. People are being interned.”
In the hours after Pretti was shot, Cook was at the location of the shooting, in the middle of the tear gas, offering legal help to anyone who needed it and bearing witness to conduct that will almost certainly face scrutiny one day, even if government leaders condone it now.
Law enforcement officers launch tear gas canisters as they work to push the crowd back and expand their perimeter in Minneapolis on Jan. 24.
(Caroline Yang/For The Times)
“The way the officers chase people down, protesters who were really just protesting lawfully and were beaten and pepper sprayed and gassed — all those are civil rights violations,” Burris said. “And so the law is the guardrails. So there has to be lawyers who are prepared to protect those guardrails and to stand as centurions, as I refer to us.”
Cook has tried to calm protesters, he told me, and prevent clashes. But people are mad, and resolute. His greatest fear is summer — when warm weather could bring even larger crowds if enforcement is still ongoing. He’s worried that the actions of the federal agents will spill over into anger at local cops enforcing local laws, leading to even more chaos.
“I’ve always supported cops as long as they do their job correctly,” Cook said.
For now, he’s taking it one day at a time, one case at a time, one name at a time.
Protesters raise an inverted American flag as law enforcement officers launch tear gas canisters in Minneapolis after Alex Pretti was killed by federal agents.
(Caroline Yang/For The Times)
Tuesday, Cook passed through the armed checkpoint at Whipple carrying a list of about seven people, folks who have been picked up by federal agents for one reason or another, or reasons unknown, and now cannot be located. They are not in the public online system that is meant to track detainees, and family and friends have not heard from them.
If he’s lucky, Cook will get information on one or two, that they are indeed inside, or maybe at a detention center in Texas, where many have been sent. But there will be more whose location remains unknown. He’ll make calls, fill out forms and come back tomorrow. And the tomorrow after that.
“This is what we do,” he said. “I’m always in it for the long run. I mean, you know, shoot, yeah, that’s kind of the way it works.”
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