Thread: Nashville lawyer calls for end to 287(g) immigration program

Nashville lawyer calls for end to 287(g) immigration program
5:40 AM, Jan 19, 2011 | 10 comments

By Chris Echegaray, The Tennessean

Citing public interest and the rights of the Hispanic community, a Nashville lawyer representing a U.S. citizen detained under the 287(g) immigration program wants the Davidson County sheriff prohibited from enforcing it.

The injunction filed Tuesday in Chancery Court claims that 287(g), the federal program carried out by Davidson County Sheriff's Office, should be stopped to protect the Hispanic community, whose trust in law enforcement has eroded.

The injunction stems from Daniel Renteria-Villegas' lawsuit claiming he was detained for 12 hours as an illegal immigrant even though he was born in the United States. The sheriff's office has no authority to conduct immigration investigations, the suit says.

"The prospect of other natural-born U.S. citizen inmates being subjected to unlawful investigation similar to that Renteria withstood is clearly adverse to the public interest," the injunction, filed by lawyer Elliott Ozment, says.

Ozment declined to comment.

Named 287(g) after a section of federal immigration law, the program allows Davidson County deputies to run any inmate suspected of being foreign born through an immigration database. The sheriff's office holds them for possible deportation through U.S. Immigration and Customs Enforcement.

The sheriff's office declined to comment.

While it's unfortunate that U.S. citizens are detained, it's doubtful that the immigration program will be stopped, said Muzaffar Chishti, director of the nonprofit, nonpartisan think tank Migration Policy Institute, housed at the New York University School of Law.

Chishti said there are other cases in which citizens were screened for deportation and they also filed lawsuits. They were compensated, but the injunctions failed.

"U.S. citizens should not be targeted, but it is unlikely that it will give rise to an injunction," he said. "Technically, it's a federal contract and the sheriffs are basically deputized and ... removal proceedings are actually made by ICE officers."
287(g) controversy

Since the program's inception here in 2007, controversy surrounded 287(g), with advocates stating it would lead to racial profiling, casting a net that would undoubtedly lead to citizens being ensnared.

Ozment, in court filings, said the sheriff's office has an unwritten policy of "subjecting any Latino or Hispanic inmate who is not fluent in English to a 287(g) investigation."

The sheriff's office doesn't have the authority to conduct immigration investigations under the federal 287(g) program, according to the lawsuit.

Both parties will be notified of an injunction hearing in several days.

http://www.wbir.com/rss/article/153101/ ... on-program

It seems to me a detail or two is missing from this article. Was the detained carrying identification? Any American who doesn't produce valid ID can be detained if the violation they were stopped for calls for it.

Latinos are scared because 287g works. It provides proof that local law enforcement when trained can and does work well with ICE and does pull illegals off the streets. Latinos refuse to accept the fact that undocumented people are ILLEGAL and criminals here. If a legal citizen was at the shooting in Tuson and did not have ID, you can bet your life that person would have been detained. Same as was stated in other responses, traffic stops or other violations can dictate detention if no ID is available. Latinos feel and are encouraged to think they are above the law. They are not and this fact needs to be driven home. If a latino is arrested its profiling, if a white is arrested for the same crime its just another criminal being arrested. Latinos have always been bigger bigots and racists than white ever were. Put a black community next to a latino neighborhood and see what happens. Hoboken NJ is proof of that. Add a section of Indian to the mix and you have constant battles in the streets. We need to keep 287g and if anything need to expand the program so every officer is trained and certified to work with ICE.

I'd bet that if the alleged "illegal" who was found to be a citizen spoke proper english, showed he had a fair degree of US education and law which would be common enough for someone born in the US, showed a valid ID (everyone at all times should always have an ID on them in public citizen and not). I bet the officer would have simply apologized for the misunderstanding and left. But if you act like a non American, poor educated, and poor or non english speaking illegal..... its fair to assume you are.

Originally Posted by BillCunnane

Latinos are scared because 287g works. It provides proof that local law enforcement when trained can and does work well with ICE and does pull illegals off the streets. We need to keep 287g and if anything need to expand the program so every officer is trained and certified to work with ICE.

Substitute "illegals" for Latinos and I'd agree 100%. Polls from 2010 show that Latinos - along with Asians and blacks - are increasingly concerned about illegals and that majorities favor enforcement.

When Lamar Smith begins to hold hearing about universal E-Verify and increased worksite enforcement, most of the media will be flooded with sob stories - not about the Americans who've been undercut for decent jobs, but about the illegals who took those jobs from Americans - including of course Latino Americans.
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Originally Posted by Ratbstard

It seems to me a detail or two is missing from this article. Was the detained carrying identification? Any American who doesn't produce valid ID can be detained if the violation they were stopped for calls for it.

"Up to 48hrs if not charged with anything!"