I.C.E. pulls its detainees out of New Orleans jail

Immigration and Customs Enforcement pulls its detainees out of New Orleans jail

Published: Wednesday, April 25, 2012, 10:15 PM
By Laura Maggi, The Times-Picayune

Federal immigration detainees will no longer be housed at the Orleans Parish jail, a U.S. Immigration and Customs Enforcement spokesman said Wednesday. The agency suspended use of the jail a week ago, said ICE spokesman Temple Black. Four inmates were moved to the St. Tammany Parish jail, which will house ICE detainees in the region.

View full sizeMichael DeMocker, The Times-Picayune archiveOrleans Parish Criminal Sheriff Marlin Gusman shows off holding cells during a 2009 tour of the jail building located directly behind Orleans Parish Criminal District Court.

The move means that the Orleans Parish jail is no longer housing any federal inmates, as the U.S. Marshals Service in late March pulled its prisoners. In doing so, the marshals service cited poor conditions at the jail.

In an email, Black said his agency's decision stemmed from concerns expressed by the U.S. Department of Homeland Security as well as the U.S. Department of Justice. A spokesman for Orleans Parish Sheriff Marlin Gusman said the office had no comment on the move.

Gusman and the Justice Department have been in negotiations since last fall about a proposed consent decree that would mandate changes at his jail facilities. That decree was based on a September 2009 report that found a range of unconstitutional conditions at the jail, ranging from rampant violence to inadequate mental health care.

Earlier this week, the Justice Department sent Gusman a letter outlining persistent problems at the jail and accusing the sheriff of failing to "seriously negotiate." Gusman lambasted the letter, calling the findings "sensationalized" and noting his office has cooperated with the federal agency.

The Justice Department letter specifically criticized the treatment of inmates who speak limited English -- often the case with ICE detainees -- saying there are few bilingual staffers at the jail. None of the staff at the Templeman V building, where ICE detainees were housed, spoke another language. The jail also fails to translate important documents into Spanish, including forms requesting medical attention and grievance forms, the Justice Department noted.

In his written response to the Justice Department, Gusman noted that he had recently announced the closure of the House of Detention, one of his most criticized facilities. All of the inmates at that building would be removed "in the coming days," he said.

Gusman emphasized in making that announcement that he'd long wanted to stop using the outdated building. But he also acknowledged he was closing it in response to criticism.

Among other problems, documents provided by the state fire marshal show that the building had failed recent inspections, including one in early April. That report concludes with a note that "no extension of temporary occupancy will be given until a meeting is conducted with the sherriff to discuss the above deficiencies and plans for correction."

The House of Detention was one of five jail facilities under a "fire watch" plan. That status means the Sheriff's Office must conduct regular rounds to look for fire hazards and keep a log book, according to a memorandum sent to the fire marshal by the Sheriff's Office. Four other buildings under a fire watch remain in active use.

In the memorandum, Capt. Jaime Lampard noted that many of the fire alarms and sprinklers have "deficiencies." Those problems are being addressed, the memo stated.

The April inspection found that service was needed to both the fire alarms and sprinkler system. A 2010 inspection report provided to The Times-Picayune by the state Department of Corrections showed the same problems, although the building was ruled acceptable for occupancy.

In a statement to New Orleans City Business, which first reported the failed inspection, Gusman's office said that his staff conducted "around-the-clock" fire watches when the alarm system didn't work.

Laura Maggi can be reached at lmaggi@timespicayune.com or 504.826.3316.

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