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Despite furor, Eastern Shore town approves zoning for possible immigrant detention facility

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When residents of the Town of Sudlersville joined a virtual commissioner鈥檚 meeting at 6:30 p.m. last Wednesday, they could see Town Commission President Ron Ford in a mask and gloves seated next to Commissioner Charles Leager 鈥 also masked 鈥 at a long, deep brown table.

Besides two other commissioners and the town lawyer and clerk, the town hall was empty.

Located about 50 miles east of Annapolis in Queen Anne鈥檚 County, Sudlersville had a population just below 500 as of the 2010 census.

Perhaps its biggest claim to fame is being the birthplace of 1930s Hall of Fame baseball player Jimmie Foxx.

Sudlersville鈥檚 area extends 1.5 square miles, centered at the intersection of Main Street and Church Street. The Calvary Asbury United Methodist Church is just north of the main intersection, across the street from the machine shop owned by Ford.

Some of Sudlersville鈥檚 other key features include a PNC Bank, a post office and a one-story library about the size of an average single-family home.

Some 450 students from the town and neighboring communities attend Sudlersville Middle School, in a building that opened in May 2012. Beyond the two lane streets and quaint rows of houses and shops, the verdant expanse of Eastern Shore fields surround the town.

Last Wednesday night, as the state remained on lockdown due to COVID-19, the commission passed a zoning ordinance that would allow a private entity to build a detention facility for immigrants in the town.

Commissioner Larry Leonard cast the sole dissenting vote.

On its own, the ordinance would have been contentious.

But as residents knew, the chief prospects for where such a facility might be built lay on empty plots of land behind either the town鈥檚 elementary school, or their fairly new middle school.

All participants voiced opposition to the ordinance during the meeting鈥檚 comments session before the vote, and several condemned the vote afterward.

Suzanne Harris, owner of a Charles Street home where her uncle lives, said the commissioners鈥 actions were 鈥渞eprehensible. I cannot believe that you went against everyone who elected you. I am sorry that you have been elected to represent us.鈥

Faye Williams, who owns a home on South Church Street, said, 鈥淚 guess you鈥檙e not paying attention to what鈥檚 going on in the United States right now, where people can鈥檛 work, don鈥檛 have jobs, and don鈥檛 have money coming in鈥 You鈥檙e not listening to any of us.鈥

She continued to press Ford on when they could expect groundbreaking to occur, and criticized the fact that representatives from the firm operating the possible detention facility had never appeared before the town鈥檚 planning commission.

Williams鈥 critiques prompted Ford to groan, 鈥淭hank you, I鈥檓 done. Good night!鈥 He leaned back in his chair, exasperated.

Leager explained that despite vehement public opposition, the town was desperate for cash and needed to explore possibilities. 鈥淔or years, this town has not been open for business. So with this ordinance, it would actually say the door is now open.鈥

The ordinance鈥檚 final vote and approval were months in the making.

Commissioner David Ruffner confirmed in an interview with Maryland Matters that he and Ford took a trip to Farmville, Va., last year.

They went to survey an existing detention facility in that town operated by Immigration Centers of America, a private firm specializing in detention for individuals who have committed civil offenses.

鈥淚t almost looked like a Bass Pro Shop, except it had an extra fence around it,鈥 Ruffner said of the Farmville facility.

He mentioned that he and Ford stopped by a restaurant some 10 minutes鈥 walk from the detention center, and no diners in the establishment knew it was there.

This kind of facility 鈥渏ust seems like it鈥檚 something to look into to help us out,鈥 Ruffner said.

Town officials believe such a facility could create about 250 jobs.

A June 2019 financial audit of Sudlersville indicated the town had $4.7 million in long-term debt, which Town Attorney Thomas Yeager said via email stemmed from a 鈥渃apital project, such as a water or wastewater treatment plant.鈥

The document also showed Sudlersville had $5.2 million in total liabilities. According to Yeager, these included the long-term debt, as well as unpaid bills to the town鈥檚 engineer, KCI Technologies, and water and wastewater treatment plant operator, Maryland Environmental Service, a nonprofit quasi-governmental agency.

Multiple sources confirmed the town completed an overhaul of its drinking and wastewater systems prior to the Great Recession in 2008.

Residents expected housing development would take place in Sudlersville after the infrastructure improvements. But as the housing market collapsed, development fell through, and the town was left with millions of dollars in debt.

鈥淭he degree to which [their] expenditures exceeded revenues is fairly extraordinary,鈥 said Jim Peck, a research specialist with the Maryland Municipal League.

The town鈥檚 revenues for fiscal year 2019 were just $640,000.

鈥淚鈥檓 sure [residents will] probably try to vote all of us out,鈥 Ruffner said in reference to the town鈥檚 elections this year, which were originally scheduled for May, but have been postponed to July 27 due to the COVID-19 pandemic. He and Ford are up for reelection.

鈥淏ut we鈥檙e there trying to save the town,鈥 Ruffner insisted.

鈥楨very single person was opposed鈥

When the ordinance was debated in a public hearing at the town commissioners鈥 meeting Jan. 8, residents unanimously voiced opposition to the measure.

The town minutes from that day gauge the public鈥檚 mood plainly: 鈥淪tating for the record not one person of the public was in favor of Ordinance 2019-05,鈥 as the zoning ordinance is officially known.

Sergio Espa帽a, a director of engagement and mobilization with the ACLU of Maryland, attended the Jan. 8 meeting.

In an interview with Maryland Matters, he recounted how 鈥渢he room was packed.鈥 He said about 60 people were at the meeting.

鈥淓very single person was opposed to it,鈥 Espa帽a said, and the fire department was especially concerned.

鈥淭hey didn鈥檛 want to be stained by [this facility], and had concerns for the safety of their families if something happened.鈥

The minutes detailed how residents opposed language specific to a private detention facility for immigrants in the ordinance.

Leonard made a motion to reject the ordinance Jan. 8, which was not seconded.

Yeager wrote via email that according to the town鈥檚 charter, commissioners had 60 days to either pass the ordinance as written, pass it as amended, reject it, or defer the ordinance鈥檚 consideration to a later date.

Given the scrutiny Ordinance 2019-05 was generating, Yeager recommended the commission defer it for a later date and allow the public to participate.

By the town commission鈥檚 next public meeting Feb. 5, commissioners had amended the language of the ordinance and voted to send it to the Sudlersville planning commission for approval.

Planning Commission Chairwoman Sue Elter wrote in an email to Maryland Matters that commissioners revised the ordinance鈥檚 language so that any detention center built in Sudlersville could not be used to house criminals, but rather, only those 鈥済uilty of civil offenses.鈥

According to Elter, the planning commission鈥檚 role was only advisory; commissioners crafted the ordinance outright during its entire process.

The planning commission approved the ordinance鈥檚 new language in February, and sent it back to the commissioners, who then agreed to hold a final vote on May 6.

Immigrants鈥 rights groups take notice

As the ordinance gained traction, immigrants鈥 rights groups in Maryland and the greater D.C. region began to take an interest in Sudlersville.

Members from area civil rights groups agreed that language referring to individuals guilty of 鈥渃ivil offenses鈥 was a thinly veiled reference to undocumented immigrants, who may be charged with a civil violation for either crossing the U.S. border without authorization or overstaying their visa.

Meanwhile, those charged with criminal violations are typically housed in prisons or jails.

The Rev. Charlene Zellmer 鈥 a Bethesda-based interfaith minister and member of the Congregation Action Network who partners with immigrants鈥 rights activists 鈥 told Maryland Matters in an interview that 鈥淚n our country, to be detained for a civil offense, in 99% of cases, that would mean that you made the offense of crossing the border without documents.鈥

She noted that in places where Immigration and Customs Enforcement partners with local authorities, individuals may be 鈥渂rought in on strange issues like a broken taillight,鈥 and called these specialized detention centers 鈥渄e facto jails鈥 where 鈥渃ivil rights and human rights are significantly curtailed.鈥

Maryland Against ICE Detention 鈥 an umbrella group of immigrants鈥 rights activists which includes the ACLU of Maryland and the Congregation Action Network 鈥 held an information session on detention centers at Calvary United Methodist in Sudlersville Feb. 29.

The event featured Zellmer, other clergy members and doctors who had tended to detainees.

Tim Rothermel, a volunteer with the ACLU of Maryland, recounted the meeting in detail during an interview with Maryland Matters.

He described the session as having taken place in the church鈥檚 parish hall, which was about the size of a small school cafeteria.

Rothermel said the session started with information from doctors, religious leaders and reading of an anonymous testimony from a detainee at the Farmville facility at 3 p.m. that day.

At about 3:10 p.m., he recalled Ford joining the session.

The main information session was followed by a question and answer round, according to Rothermel.

He said that some 10 minutes into the Q&A, Ford got up and began making his way toward the exit at the back of the room.

鈥溾楽orry you people don鈥檛 want this [facility], but it鈥檚 still going to happen because it鈥檚 the only way to move forward for us,鈥欌 Rothermel recalled Ford telling attendees on his way out.

But before Ford reached the exit, Rothermel said a female resident got up and blocked his way out of the church.

He remembered the woman yelling at Ford, telling him that her children attended school in the town, and she didn鈥檛 want this kind of facility anywhere near them.

Ford continued moving toward the woman, who refused to get out of his way, according to Rothermel. As they got within a few feet of each other, he said Ford shoved the woman on the shoulder, prompting attendees including Rothermel to pull them apart and allow Ford to exit.

Rothermel said that as Ford was walking to his truck in the church鈥檚 parking lot, he turned around and warned, 鈥溾楧on鈥檛 think I wouldn鈥檛 hit her.鈥欌

When interviewed at his machine shop March 12, Ford denied having had a physical altercation with the woman.

鈥淭here was no [altercation],鈥 Ford said. 鈥淚 do not tell a lie鈥 If you鈥檝e heard the truth in your life, you heard it tonight.鈥

But four eyewitnesses 鈥 including Rothermel 鈥 who were present at the meeting and agree that the incident took place.

The details in their accounts were consistent with Rothermel鈥檚.

Jay Falstad, executive director of the Queen Anne鈥檚 Conservation Association, said in an interview the altercation was 鈥渨itnessed by at least 20 people.鈥

鈥淚 thought that if [Ford] didn鈥檛 resign on his own after that episode, he should be forced to resign,鈥 Falstad observed. But 鈥渘othing seems to have come of it.鈥

As Maryland took increasingly aggressive measures to combat the coronavirus, Sudlersville鈥檚 skirmishes over Ordinance 2019-05 retreated from sight.

But their battle lines had been drawn, and as spring wore on, it became more likely the town commission would pass this measure despite widespread resident disapproval.

鈥業鈥檓 trying to do the right thing for the town鈥

Ford was adamant that his support for the ordinance stemmed from a sense of obligation.

鈥淚鈥檓 trying to do the right thing for the town,鈥 he said. 鈥淥ur utility rates are higher than other towns鈥 because of our new water system.鈥

Ford argued that 鈥淚f [immigrants] are legal, they shouldn鈥檛 have a problem with [the facility].鈥

Speaking at his machine shop, he added, 鈥淭he house next door to here is full of Guatemalans. They鈥檙e the best neighbors I鈥檝e ever had.鈥

He also praised the Trump administration鈥檚 travel restrictions in response to COVID-19, saying, 鈥淲e need to guard our borders. I know this coronavirus thing didn鈥檛 come from the south, but who knows what else they could be bringing in?鈥

Leonard 鈥 who cast the single vote to reject the ordinance Wednesday 鈥 insisted that he had the town鈥檚 best interests at heart.

鈥淭he feedback from the community is no,鈥 he said.

Leonard criticized the fact that no one from Immigration Centers of America (ICA) had come to Sudlersville to present a plan to the town, and pointed out that 鈥渋t鈥檚 behind a school. That鈥檚 why the public don鈥檛 want it.鈥

He said that even if the current commission did pass the ordinance, 鈥淎nything that鈥檚 passed can be overturned within six months no problem鈥 Once the election goes [through], I鈥檓 going to push for us to have it overturned within 60 days.鈥

The remaining town commissioners, Carrie Comegys and Charles Leager, did not respond to multiple requests for comment prior to Wednesday鈥檚 vote.

Future is unclear

Even with the ordinance approved, however, construction of the detention facility remains uncertain.

鈥淭here鈥檚 really nothing going on,鈥 ICA spokesman John Truscott said in an interview.

鈥淭here鈥檚 no [request for proposal] to respond to. I think during this coronavirus crisis everything has been put on hold anyway, so nothing has moved forward.鈥

Truscott mentioned separating immigrants without criminal records into detention facilities and away from jails with convicted criminals as a priority for ICA.

But Espa帽a suggested ICA was at least considering Sudlersville as a future possibility.

鈥淚t鈥檚 clear that there鈥檚 a lot of public awareness of it right now, so it鈥檚 not a good time,鈥 he said. But 鈥渋f the zoning amendment is already passed, and it鈥檚 several months later, they can get it done.鈥

At the virtual town hall last Wednesday, Sudlersville resident Lauren McMullen expressed confusion about why the town commission had been so adamant to pass the ordinance.

鈥淣obody in town wants it,鈥 she said. 鈥淎nd if there really is nothing on the table, then it鈥檚 a moot point to vote this in regardless.鈥

Harris on Wednesday complained that the town would have no oversight of whether the center鈥檚 detainees were in fact there for civil offenses.

鈥淵ou鈥檙e not in there,鈥 she said. 鈥淵ou cannot guarantee that there might be people in there despite what this ordinance says who鈥 [committed] a crime as opposed to illegal entry into the country.鈥

Zellmer was concerned about the fact that ICE signed a lease for office space in Cambridge this February. The agency鈥檚 new property is about 50 miles south of Sudlersville.

鈥淢y suspicion is that once [ICE establishes] a foothold in the community, they can begin profiling [residents],鈥 she said.

Zellmer maintained that Sudlersville鈥檚 residents 鈥渄on鈥檛 want a detention center in their midst鈥 They鈥檙e trying to keep the peace in their community.鈥

While the arrival of a detention facility in Sudlersville is still a nebulous possibility, the commission also passed a noise ordinance at its Wednesday meeting that could pave the way for motocross racer Travis Pastrana to bring a racing arena to the north end of the town.

That measure passed with much more public support than the zoning ordinance.

Falstad, who has a child attending Sudlersville Middle School, said placing the facility behind a school is 鈥渙utrageous.鈥 Latinos represent about 14% of the town鈥檚 population.

鈥淕iven the Hispanic community in the area, and given that this is for civil infractions, a child鈥檚 relative could be detained there,鈥 he said.

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