ACLU of Wyoming Files Challenge to Laramie County’s Illegal ICE Agreements

The ACLU of Wyoming and Lance & Hall, LLP, is today filing a lawsuit challenging Laramie County’s contracts with U.S. Immigration and Customs Enforcement. Laramie County Sheriff Brian Kozak signed the contracts, commonly called 287(g) agreements, without the authorization of the Laramie County Commission, the county’s governing body. He also failed to comply with the Wyoming Administrative Procedure Act’s rulemaking process that would have ensured that the community had an opportunity to comment on the contracts before they were adopted as county policy.

The lawsuit was filed in the First Judicial District Court in Laramie County court on behalf of three plaintiffs: Juntos Wyoming, the Unitarian Universalist Church of Cheyenne and Drew’s Barbershop. Each has had to significantly alter their normal business operations to respond to the consequences of the county’s involvement with 287(g).

“When it comes to decisions that affect our communities, Wyomingites deserve a transparent, democratic process. Sheriff Kozak’s decision to unilaterally sign these 287(g) agreements without the approval of the elected County Commission is not only reckless, it is illegal,” said Libby Skarin, ACLU of Wyoming executive director. “At a time when reactionary anti-immigration officials assume that they can act with impunity to implement a chaotic and cruel agenda targeting immigrants across the United States and right here in Wyoming, it’s critical to send a message that nobody is above the law. Sheriff Kozak is no exception.”

The lawsuit asserts that Kozak overstepped his authority and violated Wyoming law by failing to get approval from Laramie County Commissioners when he signed the county’s 287(g) agreements with ICE. The lawsuit also alleges that even if Sheriff Kozak had the authority to enter into these contracts, he failed to comply with the Wyoming Administrative Procedure Act before doing so – depriving interested community members of the ability to engage in a notice and comment period that is required by law.

“Sheriffs under Wyoming law have limited authority granted by statute. Any agreement that the sheriff wants to enter into has to be approved by the governing authority of the municipality. This did not happen in Laramie County,” said Andrew Malone, ACLU of Wyoming senior staff attorney. “The separation of powers and following the rule of law is not radical. Sheriff Kozak blatantly overstepped his authority by enrolling Laramie County in 287(g) agreements and robbed the community of their chance to weigh in on the matter.”

Because the county’s 287(g) agreements expose the plaintiffs to ongoing harm, the plaintiffs are asking the court to declare the agreements invalid.

The lawsuit, however, has significant consequences and impact beyond the mere legality of a governmental agreement for the three plaintiffs in Cheyenne.

“Strong and safe communities are built, in part, on trust between neighbors and officials. If Wyoming is truly open to business, our leaders must remember that real people are affected by every decision they make, every agreement they sign,” said Drew Weston, owner of Drew’s Barbershop in Cheyenne. “For many of us, anti-immigrant actions create fear that any interaction with the government might have catastrophic consequences. These 287(g) agreements hurt hard-working businesses and families in Laramie County. Owning and operating a small business can come with many stressors, but wrongful deportation was not one any law-abiding business owner could foresee. We were unable to keep our shop booths fully contracted out as a result, and it impacted our business deeply.”

“We hold love in the center of all we do, believing everyone in our community has worth and deserves dignity,” said Rev. Elizabeth Barish Browne, senior minister of the Unitarian Universalist Church of Cheyenne. “Our congregants have been working incredibly hard to build connections and move resources so everyone who needs help is treated with kindness and dignity even as their families are losing parents, children, breadwinners and loved ones due to the 287(g) agreements in Laramie County.”

“While law enforcement officials talk about improving public safety, their actions speak louder than words. People of color and immigrant families see what is happening, hear what is being said and feel the pain when their families are broken apart by 287(g) agreements,” said Rachel Martinez, communication coordinator for Juntos Wyoming. “True public safety means building trust within our communities, not alienating them through fear.”

In addition to Laramie County, six other counties, the Wyoming Highway Patrol and four towns also have signed at least one 287(g) agreement with ICE.