The Mecklenburg County Sheriff's Office is responding to ICE on why deputies cannot legally detain certain undocumented immigrants.

ICE said they arrested 24 people in the Charlotte area, accused of being in the country illegally, during the first eight days of March.

The agency said the Mecklenburg County Sheriff's Office did not honor active detainer warrants during the arrests. Mecklenburg County Sheriff Garry McFadden responded, saying they cannot honor the detainers unless they were signed by a judge. 

"We do not honor civil detainers because they are not signed by a judge. I must follow the law. If a judge orders me to release someone, I cannot legally detain them," McFadden said. 

The 24 arrests were made between March 1 and March 8. Of those arrested, ICE said 13 people are facing aggravated felony charges, three face illegal firearm or weapon charges, two are accused of being members of a gang, and one person is charged with assaulting a federal officer. There were also 11 DWI arrests, and five people accused of property crime.

According to ICE, six of the people detailed had active immigration detainers, and the Mecklenbug County Sheriff's Office did not honor those detainers. 

"By now, ICE should be aware we do not honor civil detainers because they are not signed by a judge. I must follow the law-if a judge orders me to release someone, I cannot legally detain them," McFadden responded, disputing ICE's characterization of the sheriff's office.

McFadden said the sheriff's office housed 163 undocumented immigrants at the detention center for 48 hours, but said ICE did not pick up the immigrants. 

"In fact, we welcome the name of the six undocumented immigrants that ICE recently arrested that they claim have active detainers on them. ICE knows they need a writ signed by a judge, along with a criminal warrant or an indictment, to take anyone into their custody," McFadden said, adding that a detailer alone is not a legal document allowing him to transfer someone. 

ICE said it worked with the FBI, ATF and the U.S. Marshals to make the arrests. The agency said it is looking for an additional 18 people with active detainers.

"These aliens could have been safely and efficiently transferred into ICE custody if their detainers had been honored," ICE said, adding that the illegal immigrants "pose a potential danger to the community."

McFadden said he has emailed ICE regarding the taxpayer cost for these detainers and looking for better communication moving forward.

"If ICE perceives these undocumented immigrants as violent or dangerous, they should place on them criminal charges, rather than detainers," McFadden said.

Residents can report crimes and suspicious activity by calling 866-347-2423 or through the online tip form.