Council members question Sheriff on illegal immigrant inmates


Reported by: Shelley Brown, Weekend Anchor

Last Update: 6/29 11:38 pm


Sheriff Marlin Gusman told New Orleans City Council members that his 2011 projected budget is $4 million in the hole, and he said if the city doesn't give him more money to house inmates, he'll sue the city.

"It can't be a situation where at the end of every year a department says, well sorry we had to spend more than what the revenue is.. City you need to find a way to make it up. That's not.. That's not appropriate," said Councilman Arnie Fielkow.

Fielkow and other council members on the criminal justice budget committee also expressed concern that the city is paying to detain illegal immigrants. Members of the public and council pressed Gusman to explain how his office handles illegal immigrants, specifically inmates who some say are being held in Orleans Parish Prison for U.S. Immigration and Customs Enforcement also known as "ICE."

"ICE appears to take the position that there's no legal responsibility for a local jurisdiction to do a 'hold,' that it is discretionary, and I'm holding some letters from ICE to that effect," said Fielkow.

Citing municipal offenses, Fielkow also expressed concern that if ICE doesn't pay for undocumented inmates until it actually takes custody of them, he said it seems the city ends up paying the Sheriff while the inmates are at OPP. "I'm concerned about this because I think it's a wrong policy Sheriff," said Fielkow.

"You're making it sound like I'm holding people unlawfully, and I'm not holding anyone unlawfully, and we're not holding anyone that we're not getting compensated for.. Period," said Gusman. That response left council members baffled and then referring to recent discussions they've had with the Sheriff.

"You left the office and came back with a form to show us.. The form that the immigration people were using and giving you to do these hold requests, and so it's rather confusing to hear that you're not doing them at this point," said Councilwoman Susan Guidry.

"I responded carefully to the question that he (Fielkow) asked me," said Gusman. "Should we be putting it another way?" asked Guidry. "He asked me if there were any municipal arrests where we were holding anyone, and I said no," answered Gusman. He quickly shutdown the conversation. "I think we should table all of this because there's some litigation going on right now surrounding this, and I'd rather not comment without having my lawyer right here," said Gusman.

Jacinta Gonzales with the Congress for Day Laborers told the council the Sheriff's policy needs to be discussed, and gave an example of a man she says was held. "He was only held for 45 days. The city spent $1,035 spending money on holding him, and he was transferred to ICE custody last Wednesday so the Sheriff is submitted to hold requests and the city is spending money," Gonzales.

Even before hearing stories from the public, council members told the Sheriff they want to see paperwork showing whether the city is paying for inmates who are illegal to be detained.
Councilman Fielkow asked the Sheriff for information that shows the number of hold requests that have come from ICE within the last year, the average number of days those people are being held, and whether the city is footing any of the bill during that period.

Council members said they'll probably have to hold a hearing on this issue alone in the near future.

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