Two Bridges Regional Jail (TBRJ) Administrator James Bailey reported in May, there were 157 inmates housed at TBRJ: 53 from Lincoln and Sagadahoc counties, 53 from Penobscot County, 20 from Knox County, 24 from Waldo County, four U.S. Marshal boarders, 20 ICE boarders, and one from Border Patrol. In a July 17 email to the Register, he confirmed those numbers are mostly the same: “Our number remains about the same, we average between 20-25 ICE inmates at TBRJ.”

According to Bailey, the process of housing ICE follows an official path. “ICE requests bed space from us and sends us information to review and approve prior to accepting. Inmates can come from many different places including Cumberland County Jail (where most ICE detainees in Maine are held). All our inmates are here due to criminal charges. TBRJ does not accept any administrative warrant detainers. The inmates are in different phases of the immigration court process,” he wrote.

“Holding times vary depending on the person and where they are in the legal process. TBRJ only holds the individuals for the agency. If ICE requests their inmate, we release them into ICE custody, and (I) am not able to answer where they go from our facility. (The) only other release from TBRJ of an ICE inmate is on bond, which ICE sends us the release authorization for that.”

Hold times for inmates apprehended by Customs and Border Patrol are short, between 24-72 hours, he reported.

Advocacy groups, including the American Civil Liberties Union (ACLU) and Immigration Legal Advocacy Project (ILAP), provide guidance and counseling to those detained and work to restore due process for the immigrant community. ILAP offered testimony before Maine’s legislature for the proposed LD 1971, which would prohibit state and local law enforcement from detaining someone solely based on federal immigration status. LD 1971 was highly debated and passed Maine’s House of Representatives by one vote, passing Maine’s Senate by seven votes as reported in the Maine Morning Star. Gov. Janet Mills will address the legislation in January when lawmakers reconvene.

Both LD 1971 and LD 1259, which if passed, would prohibit state and local law enforcement agencies from entering into contracts with federal immigration enforcement agencies like ICE, would not affect cooperation between the agencies for other operational needs, such as sharing administrative office space or the housing of detainees at TBRJ or elsewhere in Maine.

“My understanding of both bills is that, as currently written, neither would limit the ability for state law enforcement to make agreements to house individuals detained by ICE. The bills would only regulate Maine law enforcement from entering into agreements with ICE that essentially would give them the same authority as federal immigration agents,” wrote Rep.  Holly Stover in an email to the Register. “I strongly support the intent of both LD 1971 and LD 1259. I believe these bills are necessary because they would ensure that Maine law enforcement can focus on their primary mission: safeguarding our communities and upholding state laws. When local police take part in enforcing federal immigration law, it can damage their relationship with communities they serve, which are essential to successful community-based policing. This hurts all of us,” she wrote.

Regarding inmates’ access to counsel, Bailey wrote, “Our population has the same access as Cumberland County Jail, although there may be some differences as to the process facility-to-facility due to policy and procedure. TBRJ policy allows for these professional visits nearly any waking hour, both in person and (via) video. This is the same for all inmates – state, county, or federal, at our facility.” Bailey has been TBRJ administrator officially since 2017. Prior to that, he served as interim administrator for about 10 months and has worked in law enforcement for 25 years.

ILAP Policy Director Lisa Parisio’s congressional testimony cited qualitative and quantitative research to substantiate the organization’s recommendations: American Immigration Council's analysis showing that, as the immigrant share of the population of the U.S. has gone up, crime has fallen, The Marshall Project’s report shows the number of immigrants at the US – Mexico border has not corresponded with an overall increase in crime, and a CATO Institute study showing undocumented immigrants are 47% less likely to be convicted of a crime than citizens born in the U.S., among other reports and analyses.