Thread: TN:Sheriffs: Citizen queries cause no issues

Sheriffs: Citizen queries cause no issues

Law requires all inmates be asked about legal status

BY MARIANN MARTIN
CONTACTUS@JACKSONSUN.COM
— Mariann Martin, 425-9782
• February 14, 2011

Two local sheriffs say asking all inmates about their citizenship status has not caused major disruptions in the booking process or caused other issues in recent weeks, but the executive director of the ACLU in Tennessee said numerous organizations are concerned that the practice may lead to racial profiling.

A new state immigration law went into effect Jan. 1, requiring booking officers in county jails to ask all inmates where they were born and if they are in the country illegally. If there are any questions about the legal status of the inmate, the local department contacts the U.S. Immigration and Customs Enforcement.

Madison County Sheriff David Woolfork said his department has developed a standardized procedure to ask the two questions and has not seen any issues.

The department did not contact ICE about anyone booked into the jail last month, Woolfork said.

"My only concern was about racial profiling," Woolfork said. "I'm glad they had the POST Commission look at it and come up with the questions. That way all the sheriffs are doing it the same way."

Hedy Weinberg, executive director of the ACLU in Tennessee, said her organization and numerous other groups in Tennessee are concerned about the new law and are monitoring how it has been implemented.

"A broad base of organizations recognized this law could well lead to racial profiling," Weinberg said.

Weinberg said she is not aware that any lawsuits have been filed that allege racial profiling under the new law.

Crockett County Sheriff Troy Klyce said in late January that ICE had picked up two inmates from the jail and the department was holding two more people to be picked up by ICE. Crockett County has one of the largest Hispanic populations in West Tennessee, with almost 10 percent of residents being Hispanic.

Klyce said the department's biggest problem has been software issues that have prevented it from entering the questions into the standard questionnaire. Jailers asked the questions manually, but Klyce said he expected the software issue to be resolved soon.

"I wanted it to be a part of the questionnaire to be sure every single person is asked," Klyce said. "I don't want someone to target Hispanics."

Crockett County booking officers have been trained to ask the questions, and the training will be integrated into normal in-service training, Klyce said.

People generally talk about the law affecting Hispanics, but parts of the state have immigrant populations from other countries that might also be affected, Klyce said.

Klyce said the implementation of the law has not been that difficult, but he has some concerns that were not addressed in the law.

For example, Klyce is concerned about what will happen if an inmate being held for ICE gets sick and has to be admitted to the hospital.

"I'm not going to deny someone health care, but we have a pretty limited budget," Klyce said. "If we are holding someone who would have otherwise been released on a bond and he has medical bills, who is going to pay for that? Sometimes it seems like they pass these bills because they sound great, but they don't really talk to someone about all the repercussions. It's just not that simple."

Tennessee legislators are looking at additional immigration bills this term, including one that would require all state and local governmental entities to verify that all employees hired after July 1 are not illegal aliens.

What to know

Percentage of Hispanic populations in West Tennessee counties, according to the U.S. Census Bureau:

# Benton: 1.5 percent

# Carroll: 1.8 percent

# Chester: 1.6 percent

# Crockett: 9.8 percent

# Decatur: 3.8 percent

# Gibson: 2.0 percent

# Haywood: 4.8 percent

# Hardeman: 1.5 percent

# Hardin: 1.6 percent

# Henderson: 1.5 percent

# McNairy: 1.5 percent

# Madison: 3.3 percent

# Weakley: 1.9 percent

http://www.jacksonsun.com/apps/pbcs.dll ... 1102140304

It is not profiling if they ask everyone the same question. It is preferential treat to not ask anyone that looks Hispanic.