Bonding Hispanic people out of jail, specifically those who may be undocumented, is becoming more of a financial risk for Shane Rolf, who runs Shane's Bail Bonds in Olathe.
"We get into presidential issues here, but there's been an uptick in the enforcement that ICE is going after on cases," Rolf said.
That means local bond businesses could be responsible for an inmate's full bond amount if they're deported in the middle of the court process. It could be $1,000; it could be $10,000. Some judges are understanding and will simply waive it.
"Other judges say, 'They're a noncitizen. You should've known at the time, this is a chance, and you're going to have to pay this fine.' So it's a risk you assume," said Rolf.
An ICE detainer is a piece of paper an Immigration Officer signs and gives to the law enforcement agency to turn over the inmate to ICE custody.
A recent lawsuit stipulates that jails don't have to hold an inmate based on an ICE detainer that wasn't signed by a judge. If they do, the inmate could sue.
Most detainers are not signed by a judge, so jails won't hold the inmate for ICE. They also aren't required to tell people like Rolf, making it hard for him to tell who could be deported.
"ICE is not the most transparent agency on its decision making. There's not a federal clearing house system we go to. There's no e-verify for bondsman to see if you're here legally or what your situation is," Rolf said.
The Wyandotte County Jail inmate list will sometimes show which inmates have ICE or Department of Homeland Security detainers, and which inmates have nationalities other than American. That gives Rolf a better idea of who might be susceptible to deportation, but not all jails provide that information.
Immigration attorney Michael Sharma-Crawford says increased deportations are getting in the way of the local criminal justice system, too.
"They are scooping everybody up, so dockets are falling behind. I have one judge setting court dates in 2020. In the middle of it all, you have the bondsman. He's caught on the hook," said Sharma-Crawford.
Sharma-Crawford says the lawsuits put an added stress on local jurisdictions. Jails don't want to run the risk of being sued.
"The jails are getting antsy, so they are not holding people, but then the Department of Justice labels them as a sanctuary city," Sharma-Crawford explained.
Rolf says the dilemma is not at all about profiling someone with a Hispanic-sounding last name, but rather comes about due to the lack of transparency beyond his control.
"I'd rather know what the situation was and plan accordingly," Rolf said.
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