Sheriff changes immigration detainment policy at jail after ACLU threatens lawsuit
Published: Friday, July 22, 2011 11:10 a.m. MDT

By Pat Reavy, Deseret News

SALT LAKE CITY β€” A battle is brewing over the length of time people suspected of being illegal immigrants can be held in the Salt Lake County Jail, and it may have to be resolved by Utah lawmakers.

The American Civil Liberties Union says it is planning to sue the jail, possibly as early as next week, for illegally detaining inmates.

Darcy Goddard, legal director of the ACLU of Utah, says the jail has a policy of holding people behind bars β€” even after they've posted bail β€” to give U.S. Immigration and Customs Enforcement officials time to determine whether the person being held is in the U.S. illegally and if they want to take action.

The immigration holds result in some people being held in the jail 48 hours longer than than they would otherwise be released, and in some cases even longer, Goddard said.

She believes it is a violation of the Fourth Amendment.

But Salt Lake County Sheriff Jim Winder said Thursday that the jail recently abandoned that policy because of talks between the ACLU and the Salt Lake County District Attorney's Office. Winder said everyone in the jail is treated equally. If someone is able to post bail, they will be released immediately and will not be held longer to give ICE officials time to look at them.

The policy of holding inmates was started because of SB81, Winder said.

"There's a section of the law that requires us to make a 'reasonable effort' to ensure individuals who may be here illegally are reviewed for their status," he said.

Because of the staffing situation of ICE, Winder said it is sometimes impossible for immigration officials to immediately review an inmate's status. The result of that was the jail used to hold some inmates longer.

"The whole issue is there are so few ICE agents," he said.

The inmates who were held for an extended period were identified by officers asking them directly if they were a U.S. citizen, Winder said. If they said 'no,' they were given an extended hold for ICE officials.

But now, Winder said the Salt Lake County Jail will no longer do that based on advice he received from the district attorney's Office. He noted that it would be interesting to see how the Legislature reacts to the situation.

Winder said the jail still works closely with immigration officials and there will still be times when jail officials will inform ICE of cases that need immediate attention. For example, if a person is booked into jail for killing someone in a DUI accident and is suspected of being an illegal alien, Winder said the jail will communicate with ICE officials that they need to look at possibly putting an immigration detainer on that person immediately and not wait 48 hours, during which time the inmate may be able to bail out.

Winder said the situation with the jail potentially being sued by the ACLU for holding undocumented workers longer than normal isn't unique to Salt Lake County. It is a trend happening across the nation, he said.

In 2009, a Colorado resident spent 47 days in jail on a traffic violation because an immigration hold was placed on him. In May, a lawsuit filed against Jefferson County, Colo., by the ACLU was settled with the county agreeing to pay Luis Quezada $40,000 for being illegally held, and the U.S. government agreeing to pay another $50,000.

In Salt Lake City, the ACLU was monitoring the case of Enriqure Uroza, a 22-year-old Weber State University student. He was booked into jail on June 14 and was able to post bail immediately. He was held, however, until Thursday when a judge ordered him released. Friday morning, however, he remained in the Salt Lake County Jail.

When told of Winder's change in jail policy, Goddard said Thursday it was the first she had heard of it. She said she would need to see the new policy in writing before deciding whether to hold off on filing a lawsuit. But the damages claim would likely remain, she said.

The ACLU sent a letter to the jail earlier this month asking for numerous records.

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