Sheriff Gusman says declining fed requests to hold illegal immigrants is about 'freedom/fairness'


Orleans Parish Sheriff, Marlin Gusman Thursday responded to criticism by Sen. David Vitter about his new policy to refuse to hold non-violent illegal immigrants when requested to do so by federal immigration enforcement agents.


By Bruce Alpert, NOLA.com | Times-Picayune The Times-Picayune
on August 29, 2013 at 6:40 PM

WASHINGTON - Orleans Parish Sheriff Marlin Gusman said Thursday that his refusal to hold non-violent illegal immigrants in prison after they finish their sentences is about "freedom and fairness," as well as fiscal prudence.

He was responding to criticism by Sen. David Vitter, R-La., that the policy represented another "embarrassment" for Orleans Parish Prison officials already under scrutiny for what the Justice Department has called intolerable conditions for some inmates.

On Aug.13, Gusman announced his office will decline all voluntary federal Immigration and Customs Enforcement (ICE) requests to detain inmates, unless they are charged with violent felonies, and that his department won't "initiate any immigration status investigation into any individual in Orleans Parish Sheriff Office custody."

In his letter to Vitter, Gusman said he adopted the new policy on illegal immigrants "because of the cavalier nature of ICE requests.

He called the requests "one more unfunded mandate from the federal government onto local jurisdictions."

Vitter said the Orleans Parish sheriff's new policy violates federal law and, if continued, would make it more difficult for the sheriff to seek federal funds to implement a consent decree with the federal government. The U.S. Justice Department has cited the New Orleans jail for widespread neglect of mentally ill inmates and high rates of rape and assault.

Sheriff's officials have blamed the problems on chronic understaffing.

"Orleans Parish has already received horrible nationwide press surrounding the out-of-control dysfunction of the Orleans Parish Prison," Vitter said in a letter to Gusman last week. "Instead of addressing needed reforms to the Orleans Parish Prison, you are telling the country that you will actively prevent federal enforcement of immigration law. What an embarrassment."

Gusman, in his response to Vitter, said he would hope that the senator would seek federal funding to insure that his office doesn't have to assume unfunded mandates from the federal government.

"Our policy is about freedom and fairness, ideals upon which I hope we can both agree and upon which our country was built," Gusman said in a letter to Vitter. "If we are to continue to be judged by these ideals, I believe our new ICE policy places us on the right side of this issue and keeps us on a path to a stronger future."

He said the agency has outlined procedures in which ICE can conduct criminal investigations of jail inmates.

Under the policy, he said, ICE must notify the inmate's attorney and provide a reasonable opportunity for counsel to be present. Finally, ICE must confirm to sheriff's office that this notice and opportunity has occurred.

And he said his office is willing to hold inmates if ICE gets a court order.

"Our policy does not prevent ICE from executing its duties. Today, ICE agents can go before a judge and make their case for a probable cause warrant," Gusman said. "With a warrant, OPSO will detain the inmate until he or she is picked up by ICE."

Gusman changed the policy in response to a civil rights lawsuit by some immigrant advocacy groups.

"The Orleans Parish Sheriff's Office's policy on ICE voluntary detainers clearly defines standards and procedures that will allow the Orleans Parish Sheriff's Office to continue to cooperate with ICE personnel while protecting the Constitutional rights of all individuals who come into our custody, care, and control," he said in his letter to Vitter.

http://www.nola.com/politics/index.ssf/2013/08/sheriff_gusman_says_declining.html