A community group in Boone County, Kentucky, is advocating for a thorough review of the county jail’s agreement with U.S. Immigration and Customs Enforcement (ICE). The call for action follows a federal court ruling that ordered a bond hearing or release for a detainee held at the Boone County Jail.
Members of the group, known as Boone County Is Better, gathered at a recent fiscal court meeting to voice their concerns about the jail’s detention practices. They argue that the current arrangements lack transparency and accountability. This request comes in the wake of similar discussions held in the Kenton and Campbell county fiscal courts.
During the fiscal court’s meeting on January 13, 2023, four members of Boone County Is Better addressed the court, each sharing their perspectives on immigration-related issues. Many of them wore yellow to signify their affiliation with the group. This incident follows recent public comments made at the Kenton County Fiscal Court on January 27 and 13, and at the Campbell County Fiscal Court on January 21.
Boone County Is Better describes itself as a bipartisan coalition focused on the jail’s detention practices. The group opposes profiting from the detention of individuals who have not been charged, emphasizing the importance of constitutional due process, fiscal responsibility, and transparency. They aim to ensure that public safety and county finances are not compromised by practices that may lead to legal risks and human harm.
Since 2005, the Boone County Jail has had an active agreement with ICE to house detainees, making it the first facility in Northern Kentucky to enter such an arrangement. These agreements are technically subcontracts with the U.S. Marshals Service.
At the January 13 meeting, Brian Maurer, the founder of Boone County Is Better, submitted a formal memorandum requesting monthly transparency reports on the jail’s operations. He reiterated this request during the recent meeting, stating, “Two weeks ago, I stood here and formally requested a monthly public accounting of five specific metrics for our detention center, including the zero charge consensus and medical response times.”
This appeal was particularly significant following the court case Hernandez v. Maydak, filed by Ricardo Adolfo Lemus Hernandez, a non-citizen detained at the Boone County Jail. Hernandez challenged his immigration detention, claiming that his right to due process was violated when an immigration judge denied him a bond hearing, infringing on his 5th Amendment rights. On January 16, 2023, Chief Judge David Bunning granted Hernandez’s habeas petition, ordering either his immediate release or a bond hearing within seven days. A status report is due by January 30 to ensure compliance.
As of now, Hernandez remains listed as detained on the jail’s official website. Maurer expressed deep concerns regarding the implications of this ruling, questioning how many others may be in similar situations. “This situation begs a deeply concerning question, how many more individuals are in there, in that facility whose constitutional rights are being ignored and or violated,” he stated. “Right now, how many more human beings are languishing in our jail, uncharged and indefinitely detained simply because they are part of a profitable federal contract – we at Boone County is Better want to know.”
The memorandum presented by Maurer outlines six key transparency measures, including:
– **Zero-Charge Census**: The daily average number of individuals held without pending charges.
– **Average Length of Stay**: The average duration uncharged individuals are held each month.
– **Medical Adequacy Audit**: Average response times for medical requests made by detainees.
– **Language Access Audit**: Availability of detention rules, medical forms, and legal resources in languages other than English, along with access to certified interpreters.
– **Commingling Safety Audit**: Reports of safety incidents or use-of-force in units where uncharged civil detainees are housed with convicted offenders.
– **Constitutional Liability Ledger**: A five-year record of legal fees, settlements, and insurance costs related to lawsuits over the detention of uncharged individuals.
Following Maurer’s comments, Soap Wolfe, a student at Erlanger’s Ignite Institute, shared her concerns regarding the jail’s agreement with ICE. Wolfe highlighted her awareness of ICE enforcement tactics through social media, mentioning the recent death of Alex Pretti in Minnesota, who was shot by ICE on January 24. She emphasized the importance of trust in public safety, stating, “Public safety depends on trust, and trust cannot exist when people believe their county is benefiting from fear.”
After two additional speakers echoed similar concerns, Boone County Judge/Executive Gary Moore responded to the group’s requests. “We always consider any request that comes before us,” he stated. “Sometimes we can’t respond right away. I do know that one of the points in this was there’s pending litigation, and we can’t really comment on pending litigation, obviously, but we’ll definitely consider everything we’ve heard tonight and we’ll take a look at the request and make those determinations.”
The ongoing discussions highlight the growing scrutiny on the intersection of local law enforcement and federal immigration policies, particularly regarding the treatment of vulnerable populations in detention facilities. As community members continue to advocate for change, the implications of these practices remain a pressing concern for many in Boone County and beyond.
