LYONS, Kan. — The major topic of discussion during Monday’s Lyons City Council meeting was an item not on their agenda, but one that has generated a lot of discussion and concern in the community in the past week or so. Rice County Sheriff Nick Sowers was asked by Mayor Alicia Hommon to address a number of concerns in the wake of recent ICE activity in Lyons.
In opening comments, Sowers said everything they do in the department is with good intent. In his 22 years of law enforcement work nothing has changed in how he approaches his work. But there is only so much he can control. What grieves him the most about this is some of the comments that have been made on social media in response to his efforts to be fully transparent, “Being compared to someone doing the Holocaust is rough,” Sowers said.
Before addressing questions from the mayor, Sowers addressed his thoughts about the rule of law. “If you’re a victim of crime in this community, in Rice County, that’s how you will be treated – as a victim. We will seek accountability for the suspect, and that does not change regardless of who you are or where you’re from,” he explained, based on his family’s law enforcement history and a family member being the victim of a serious crime in the past.
Mayor Hommon’s first question dealt with a specific person ICE picked up, and whether someone called him in. Sowers said he doesn’t have direct information on how federal agencies develop their cases and determine who to take action on, and those decisions are made at the federal level with no input from his office.
He added on some occasions local law enforcement is notified when a federal enforcement action is to take place, but typically don’t get involved in those operations. He was then asked if it would be possible to share this information on social media, Sowers said they don’t provide advance information on law enforcement operations in their own operations or of others to protect the safety and integrity of them, but they could provide information after the fact when appropriate.
Hommon asked Sowers what documents a person should be carrying to prove they are lawfully in the United States. Sowers said a permanent resident card, a visa, or any other form of identification required by law such as a state issued “Real ID” identification card would suffice. This question was brought up to her by someone concerned about a situation where a person was in a vehicle with someone not legally here.
In response to a question as to why on an ICE stop all persons in the vehicle are asked to provide identification, Sowers said while he can’t speak for federal agency procedures, his deputies follow procedures set out in state law and focus on the reason for the stop.
He also emphasized this point in saying if deputies were to pull someone over for, say, a broken taillight they would focus on the specific reason for the stop and not ask for legal status.
The mayor then focused on the 287G WSO program and whether officers are trained to focus on just a person named in a warrant. Sowers first explained WSO stands for Warrant Service Officer, and he then said 287G basically is a procedure that’s been in place since he began his law enforcement career working in the Rice County Jail, this is there a person is arrested and a warrant or hold has been placed on that person by ICE.
In such a case where a warrant or hold is outstanding on a person they have taken into custody, deputies would serve that warrant. They are not conducting any targeted immigration enforcement in any way, this involves persons arrested for violating existing Kansas laws, and deputies are not trained, directed or obligated to ask questions about immigration.
Another questions raised with Mayor Hommon and posed to Sheriff Sowers dealt with racial profiling. The Sheriff said while he was unsure of the justification for the stop in question, he said that racial profiling is unlawful and against their policy, and they do not conduct investigations based on race or ethnicity.
She then asked if there was any truth to claims ICE was at the Rice County Jail every Wednesday to pick up detainees. Sowers said that is not true. Federal agencies will on occasion come to the jail to pick up persons on which there is a lawful hold. He added Rice County has chosen not to enter into a housing agreement with ICE.
Another question Hommon raised dealt with Cinco de Mayo, and if the event is not cancelled, would they have support if ICE came in and started grabbing people. Sowers gave some perspective on this, comparing this Mexican holiday to St. Patrick’s Day in Irish communities or Midsummer’s Day in Lindsborg with its Swedish Heritage.
Sowers explained there is no difference between Cinco de Mayor and other celebrations, but he understands the concern behind that question. Any law enforcement action must be based on lawful authority, such as probable cause or a warrant.
After being asked about what he sees as the future of Lyons, Sowers said while he can’t see the future, “We will always try to do our best to definitely make it better. My goal is to ensure Rice County, including Lyons, remains safe where law abiding citizens can live and work, and those who break the law are held accountable.”
Sowers added he wants people to feel heard and understood, but he doesn’t have the answer to every question. He added his desire is to protect all citizens of the community, including children.
Another question posed to the mayor, and by her to Sowers was why he “turned his back on all this” Sowers denied this, saying his responsibility is to serve all of the community, fairly and professionally.
At the end of the presentation, a teacher at Lyons High School said there are a lot of scared students there right now, not knowing what is or is not true. She asked Sowers what right an ICE agent would have to forcibly come into a school. Sowers noted this was a complex question and he hasn’t fully read federal immigration laws, and as such he couldn’t answer that question.
An interpreter was on hand during this presentation to translate all questions and answers from English to Spanish.
