Sheriff wants changes to Cook County ordinance
Law sponsored by Commissioner Jesus "Chuy" Garcia prohibits cops from holding illegal immigrants arrested for other crimes

By Antonio Olivo, Chicago Tribune reporter
November 11, 2011

Citing concerns over the potential release of dangerous felons who are in the country illegally, Cook County Sheriff Tom Dart has been pushing for changes to a controversial county ordinance that requires law enforcement to ignore federal requests to hold illegal immigrants who are arrested for other crimes.

Since the ordinance went into effect in September, about 100 inmates in the country illegally have been released after they made bail, while another 200 illegal immigrants are still in Cook County Jail for their alleged crimes, said Frank Bilecki, spokesman for Dart's office.

In that group of 300 are people charged with sex crimes, unlawful use of a firearm and attacking police officers. Those are just the kind of felonies that opponents to the county's immigration ordinance have highlighted in a rising tide of criticism.

"Some of (the inmates) might also be on a terrorist watch list," Bilecki said. "Right now, the way this ordinance is written, (before the inmates are released) we can't even communicate with federal authorities that we might have someone on their watch list in custody."

Dart's effort to change the law, which he announced to county commissioners earlier this week, has generated tension between the sheriff and Commissioner Jesus "Chuy" Garcia, who sponsored the legislation.

In a Nov. 7 letter to Dart, Garcia, D-Chicago, accused the sheriff of political gamesmanship, saying Dart dodged requests to discuss his concerns in private before airing them publicly. Garcia said Thursday that he has been trying to convince Dart to meet for several weeks to discuss any concerns about the terrorist watch list and inmates charged with more serious felonies.

"We have not had a conversation with him since July," Garcia said.

Moreover, Garcia said in his letter that Dart fails to mention that those who are released on bail have not been convicted of any crimes.

"As the chief law enforcement officer in our County, I know you understand and honor the distinction between someone who has been charged with a crime and someone who has been convicted of one," the letter reads.

Dart and Garcia said they would meet to discuss the ordinance next week.

Opponents to the ordinance have lately increased their criticism of the law, which applies to illegal immigrants facing both felony and misdemeanor charges.

Earlier this month, a group of Republicans in the U.S. Senate called the Cook County law "an accident waiting to happen" in a letter to Homeland Security Secretary Janet Napolitano, whose department also opposes the ordinance.

Cook County officials have said the ordinance would save roughly $15 million a year in detention costs. The county receives roughly $3.4 million per year to offset those expenses, federal records show.

Tribune reporter Erika Slife contributed.

aolivo@tribune.com

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