By Sheriff Dan Marx
Winneshiek County, IA
To the people of Winneshiek County,
With the recent news, chatter and happenings surrounding federal agents from three letter agencies including ICE, FBI and others, I have fielded a fair number of concerns about their tactics and questions regarding the level of involvement or role the Winneshiek County Sheriff’s Office would play during such a visit or operation. Given what we have seen from these agencies, I share your mistrust and many of your concerns with the legitimacy of how these federal agents conduct business. Hopefully, the following helps clear things up as to my position and the role of my office in these situations.
The elected sheriff (sheriff’s office) serves as the chief law enforcement officer/peace officer of each respective county. You can (and should) always contact us, or the respective sheriff’s office of the county you are in, to help navigate these situations should you find yourself or others in an encounter with any federal agents. We are always willing to assist with verifying credentials and the legitimacy of any paperwork federal agents should have to make certain your rights are not being abused.
Our sole oath and allegiance are to the Constitution and the protection of an individual’s rights. Therefore, if the fed’s actions and paperwork are within constitutional parameters (such as proper and valid judicial warrants/court orders) we will assist if needed or requested to ensure their actions are carried out professionally and in the least intrusive fashion possible. If their actions or paperwork are not within constitutional parameters (such as non-judicially vetted “detainers,” which are very different than warrants and are simply an unconstitutional “request” from ICE or other three letter federal agency to arrest or hold someone), then we will make every effort to block, interfere and interrupt their actions from moving forward.
The only reason detainers are issued is because the federal agency does not have enough information or has not taken the time to obtain a valid judicial warrant. Simply put, they are not sure they are detaining the right person and need more time to figure it out. For the person who could be held erroneously (or determined to be someone other than who ICE is seeking), there is a gross violation of rights at hand. Specifically, these detainers are violations of our 4th Amendment protection against warrantless search, seizure and arrest, and our 6th Amendment right to due process.
You may say, “Those who entered our country illegally are not U.S. citizens and, therefore, are not afforded constitutional rights!” But what if the person being held is a U.S. citizen who happens to have the same name or shares other similarities with the subject of the detainer? Are you willing to sit in jail or a federal prison on an unconstitutional detainer with no right to due process until ICE clears your name? Or, if it were you or a loved one falsely arrested and/or detained, would you feel differently?
My office’s actions and involvement will solely be based on constitutional standards. They will not be based on opinions, politics or emotions.
Bottom line – due to my long-time stance on not recognizing detainers, I have acquired two labels from opposing political parties – both intended to negatively impact my reputation as sheriff. The first is “Sanctuary Sheriff” and the second is “Constitutional Sheriff.” Regardless of labels that others impose on me, I am uninterested in political agendas or propaganda stunts by either side. My job is to be fair, impartial, just and constitutional. Period. That is what I have done and will continue to do.
Thank you for your continued trust and confidence in me and my office to protect and defend your rights and freedoms.
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