The growing national debate on illegal immigration would appearto have little direct impact on Lincoln County, according to a lawenforcement official.

“We used to get a lot of them (illegal immigrants) from time totime traveling through on the highways, but we haven’t had a lothere in the county,” said Sheriff Steve Rushing.

Rushing, who has been with the sheriff’s department for morethan 10 years, said it has been a number of years since thedepartment has dealt with a number of illegal immigrants.

“In the county, we’ll only have one or two here or there,” hesaid, “and I can only think of one in the last year. Most of thosewe see here are here legally.”

Immigrants are a common sight in Brookhaven and the county, butthe vast majority working here are migrant workers with valid visasor are in the process of becoming a citizen, Rushing said.

However, Rushing said he would only be aware of the legal statuson those who violated the law. Enforcement of immigration laws is afederal matter and local law enforcement agencies have very littleauthority in removing illegal immigrants.

Local authorities cannot, for instance, approach an immigrantand demand his credentials, the sheriff said, because of privacylaws and concerns about profiling.

“We don’t have a lot of contact with immigrants in general,”Rushing said.

Typically, he said, for the sheriff’s department to learn theillegal status of an immigrant, the immigrant must have beenarrested on some criminal charge.

In one instance several years ago, Rushing said, deputies hadstopped a van on the interstate for a traffic violation. Insidewere approximately 10 illegal immigrants en route north to anotherstate to be farm workers.

The sheriff’s department had to release them when the federalimmigration service advised there were no agents able to pick themup and no facility to hold them. Rushing said local authorities canonly follow the recommendations of the federal immigrationagency.

“We contact the proper authorities and ask them how to proceed,”Rushing said. “We’re not a federal holding facility so we can’thold them here.”

However, illegal immigrants can be held if they are charged withviolating a criminal law, the sheriff said.

“We can hold them if there is a local charge pending. It’streated like any other charge then,” Rushing said. “They runthrough the process like any normal citizen.”

Which also means, he said, that they are eligible for bond.

“Everybody is entitled to a bond,” the sheriff said. “Of course,it’s up to the judge whether or not they receive one.”

In most local cases, immigrants cannot afford a bond and arekept in custody until acquitted or convicted of the charge, Rushingsaid.

However, should the illegal immigrant make bond, a hold would beplaced on them until federal authorities have been notified of thenew development, he said. Immigration agents will then pick up theimmigrant or recommend they be released.

“What they do with them is up them,” Rushing said. “The one ortwo we’ve had have not made bond and stayed here for the trialprocess. Once convicted, they are turned over to the federalauthorities and they determine what happens to them at thatpoint.”