Open-Border Lobby Targets Virginia Sheriff

It has been a tough few years for the law enforcement community. Not only do men and women in uniform put their lives at risk to uphold the law, but they also face unprecedented hostility from the communities they serve.

In Virginia, the Legal Aid Justice Center has filed a class-action lawsuit against Culpeper County Sheriff Scott Jenkins (R) for cooperating with Immigration and Customs Enforcement (ICE) on detainer requests. The lawsuit, filed on Sept. 10, asks a federal judge to declare the policy of holding illegal aliens in custody on an ICE detainer unlawful. It also seeks punitive damages for its clients, citing that they were subject to “severe and irreparable distress” under the sheriff’s detainer policy.

Predictably, this lawsuit comes despite recent court decisions finding that detainers are constitutional.  On September 17, the U.S. District Court for the Middle District of Tennessee reversed its earlier decision that found detaining Abdullah Abriq pending deportation did not violate his constitutional rights.  The court further held that local officers were entitled to rely on federal authorities’ civil probable cause determination that the alien plaintiff, in this case, was present in the United States unlawfully. The Middle District of Tennessee decision was in accordance with a previous Fifth Circuit Court of Appeals ruling. That ruling confirmed that law enforcement could comply with, honor and fulfill detainer requests because the state and local law enforcement officers are not making any independent decisions about detaining someone but acting only when ICE has made the underlying removability determination.

This lawsuit is yet another attempt to assail the character and integrity of the law enforcement community for cooperating with federal immigration authorities and helping to thwart illegal immigration. It reaffirms that the true aim of the mass immigration lobby is to protect the interests of illegal aliens over those of American citizens.

About Author


Colton joined FAIR in 2018 as a legislative advisor for state and local policy. Prior to FAIR, Colton responded to constituent needs and legislative issues in the offices of U.S. Senator Thom Tillis and U.S. Representatives Virginia Foxx, Mark Meadows, and Richard Hudson. His congressional service covered a wide range of policy issues including agriculture, immigration, health care, welfare, and economic development. Before this, he was responsible for direct lobbying, grassroots mobilization, and strategic initiatives for several advocacy groups, including the North Carolina Association of Realtors, the Susan B. Anthony List, and Concerned Veterans for America. Colton holds a Bachelor of Science in Political Science and Sociology from Western Carolina University.


  1. avatar

    If the Judge doesn’t throw this out as a nuisance suit, and demand payment from the plaintiffs for all of the defendant’s expenses, the Judge should be removed for permitting illegals to bring suit against an authorized and elected official for following Federal Law.

  2. avatar

    We are all complaining why our streets are no longer safe. Our property taxes are going higher & higher because the schools are over crowded with illegal foreign nationals. We are in our mid 80’s & our property taxes are going through the roof , We pay for two school districts. WHY, WHY ? Because we are paying for illegal foreign nationals children who have invaded the USA. What happens when seniors cannot pay their taxes. The state takes their homes & they are on the streets THINK ABOUT IT. So wake up & help our police force & Ice to remove these invaders

  3. avatar

    if I were the Judge, I would laugh at them and throw their case right out the window…the Sheriff is doing his job, how can he be sued for that?