Who has ICE contract authority in Butler County?

Pictured is the recently expanded medical wing of the Butler County Jail on Thursday, Nov. 20, 2025. Butler County jail officials say it's hard to know how many people in the jail are developmentally disabled or suffer from mental health as they aren't required to keep that statistic, but the Butler County Sheriff believes it could be as many as a third of the entirety of the jail population. MICHAEL D. PITMAN/STAFF

Pictured is the recently expanded medical wing of the Butler County Jail on Thursday, Nov. 20, 2025. Butler County jail officials say it's hard to know how many people in the jail are developmentally disabled or suffer from mental health as they aren't required to keep that statistic, but the Butler County Sheriff believes it could be as many as a third of the entirety of the jail population. MICHAEL D. PITMAN/STAFF

Do the Butler County commissioners have the legal authority to cancel the county’s contract with Immigration and Customs Enforcement to house detainees in the Butler County Jail?

The commissioners say it is up to Butler County Sheriff Richard Jones. The county prosecutor says the commissioners can do it, though.

“They had the power to enter into the contract, and they did and they also have the power to terminate. They have not; it is their call,” said Butler County Prosecutor Mike Gmoser.

Butler County Commissioners T.C. Rogers, left, Cindy Carpenter, middle, and Don Dixon listen as a group with Butler County for Immigrant Justice attended the meeting to express their concerns over U.S. Immigration and Customs Enforcement detainees being housed in the Butler County jail and ask commissioners to end the contract. NICK GRAHAM/STAFF

Credit: Nick Graham

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Credit: Nick Graham

The Butler County Jail houses inmates from county jurisdictions as well as those in cooperation with the U.S. Marshals Service and the Bureau of Prisons. As of Thursday, Jan. 15, there were 950 total inmates in the three jail facilities; in addition to regular inmates there were 358 ICE detainees, 143 U.S. Marshals prisoners and two from the state prison system. The total approved capacity according to the variance is 1,244.

Having the ICE contract has been lucrative for Jones. When he first re-upped the contract, the per diem rates were the same but have increased 54% since. The daily federal rate increased from $68 — which was in effect for many years — to $105 and the transportation fee jumped from $36 to $47.

Butler County Sheriff Richard Jones has taken a hard stance on immigration since taking office more than two decades ago. He had 10 deputies credentialed to serve as ICE agents in the county, and said he plans to have more deputies eventually go through the training. Pictured is Jones in the hallway of the Butler County Jail on Wednesday, June 9, 2025. MICHAEL D. PITMAN/STAFF

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Finance Director Vickie Barger said they received $10.2 million in boarding of prisoners revenue last year and $4.37 million from the ICE contract. They have received $739,583 in ICE revenue so far this year and another $1.1 million is on the way.

Commissioner Cindy Carpenter keeps telling the public at the meetings they won’t step on other elected officials’ toes, particularly the sheriff, by canceling the ICE contract.

”Our role as commissioners is administrative and fiduciary, budgeting, appropriations and insuring that contracts and agreements are legally sound,“ she said recently. ”We do not tell other elected officials how to run their offices and we do not use our administrative authority to make political statements.”

Commissioner Don Dixon and Rogers are more direct. Dixon said contrary to what some believe they are not doing it for the money, “we don’t need the money” they are doing it because they believe it is right.

“The contract is up to the commissioners, we have had it for years and I have no intentions of cancelling it,” Dixon said, adding the claims about bad conditions are false. “It’s something we provide and we’ve always provided for Butler County.”

Rogers has said repeatedly there is a need to reign in the throngs of illegal aliens flooding the country and “we’re not going to cancel the contract.”

A group with Butler County for Immigrant Justice attended the Butler County Commission meeting to express their concerns over U.S. Immigration and Customs Enforcement detainees being housed in the Butler County jail and ask commissioners to end the contract. The group gathered at the corner of High Street and Martin Luther King Jr. Blvd. with signs after the meeting. NICK GRAHAM/STAFF

Credit: Nick Graham

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Credit: Nick Graham

A group with Butler County for Immigrant Justice attended the Butler County Commission meeting to express their concerns over U.S. Immigration and Customs Enforcement detainees being housed in the Butler County jail and ask commissioners to end the contract. The group gathered at the corner of High Street and Martin Luther King Jr. Blvd. with signs after the meeting. A lone sign supporting ICE was seen amongst the others. NICK GRAHAM/STAFF

Credit: Nick Graham

icon to expand image

Credit: Nick Graham

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