Sheriff removes adviser on immigrants
Lawyer criticized enforcement program
By JANELL ROSS • Staff Writer • September 3, 2008

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When the Davidson County Sheriff's Immigration Advisory Committee meets this morning, at least one member won't be there.

Sheriff Daron Hall formally removed Elliott Ozment, a Nashville immigration lawyer, from the committee for publicly "misrepresenting" Hall and the intentions of his office's immigration enforcement program, Hall said in a letter faxed to Ozment on Friday.


Ozment and other members of the committee have been critical of the sheriff's 287g program, named for a section of federal immigration law that gives local agencies some enforcement authority.

But now, Ozment's dismissal from the advisory committee is raising questions about the council's real role and whether public criticism is allowed.

"I do think there is going to have to be some sort of clarification of expectations that Sheriff Hall is not going to remove anyone just because they publicly disagree with him," said Stephen Fotopulos, executive director of the Tennessee Immigrant and Refugee Rights Coalition and a regular observer at the committee's meetings.

Criticism of the 287g program intensified in July when a woman arrested for careless driving charges was shackled to a hospital bed during part of her labor. Juana Villegas was classified as medium security for being suspected of immigration violations. Her traffic charges were later dismissed.

Villegas and Ozment, her attorney, were featured in the New York Times and were the subject of lengthy debates on local talk radio. Last week, Hall announced that he would no longer shackle pregnant women unless there is clear evidence that the woman is a danger to herself or others.

Comments challenged
But during Ozment's appearance on a Thursday broadcast of ¿Que Pasa Nashville? — a local television show that bills itself as a program that focuses on the "opportunities and challenges facing the Hispanic community in Middle Tennessee" — Ozment went a step beyond critiquing the program, Hall said in his letter.

He wrote: "You stated that the Sheriff's Immigration Advisory Council was 'in name only' and that I 'have never taken one piece of advice from you' regarding the 287g program. Again, a lie."

Hall could not be reached for comment Tuesday.

Ozment said he joined the committee because the 2006 letter inviting him to do so said the committee would "help … steer and direct the implementation of our program."

Ozment said he expected that process to include the development of some criteria about who should be screened for possible immigration violations and which immigrant inmates are "dangers" to the broader community.

On Monday, Ozment faxed his own letter to Hall. "You, sir, are a prevaricator of the highest order who has betrayed my trust," Ozment wrote.

Ozment insists Hall described the program before its inception as one that would not affect people arrested for misdemeanors such as driving without a license.

In an Aug. 15, 2006, letter to U.S. Immigration and Customs Enforcement requesting permission to participate, Hall said the program would "enable us to participate with ICE in identifying criminal illegal aliens who pose a risk to the citizens of Davidson County."

In the first year that the Metro Nashville Police and Davidson County Sheriff's de partments took part in the 287g program, half of the nearly 3,000 people arrested under the program were caught during routine traffic stops, many for driving without a license.

Hall's spokeswoman, Karla Weikal, said the program had been operated in keeping with the sheriff's early descriptions.

The sheriff has never agreed to allow the committee to shape or alter the design of the 287g program in Davidson County, she said.

And, Hall has always been clear, she said, that he would screen for immigration violations every foreign-born person brought to the jail.

Members want change
Still, the decision to screen everyone, including those arrested for the first time on misdemeanors such as driving without a license or the civil violation of overstaying one's visa, is the key change the advisory committee has and will continue to seek, said Renata Soto, executive director of Conexión Américas, which has a slot on the advisory council.

"At the end we would hope that there is a realization … the program is not really doing what we all thought the program was going to do, which is focus on criminals and not just moms with minor offenses," Soto said.

The advisory committee is required as a part of Hall's agreement with U.S. Immigration and Customs Enforcement.

Staff Writer Janell Ross can be reached at 726-5982 or jross1@tennessean.com.


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