Immigration lawyer Elliott Ozment sues Maury County government, judge
The Tennessean
Written by Brandon Gee
2:56 AM, Jan. 28, 2012
Nashville immigration attorney Elliott Ozment’s crusade against state officials who attempt to enforce federal immigration law continued this week with the filing of a federal lawsuit against Maury County government and General Sessions Judge Bobby Sands.
According to the lawsuit, Victor Manuel Ramirez-Mendoza appeared in Sands’ court Jan. 26, 2011, after he was arrested for driving on a suspended license a week earlier. The judge ordered Ramirez-Mendoza turned over to U.S. Immigration and Customs Enforcement, according to the lawsuit, and the Maury County Sheriff’s Department complied.
“It’ll be better to send him to Mexico because he’s costing us a lot of money here,” the lawsuit quotes Sands as saying during an exchange with Ramirez-Mendoza’s public defender.
Ozment said that limited-jurisdiction General Sessions courts have no authority to enforce federal immigration law and that the Maury County Sheriff’s Department also cannot investigate, apprehend or detain suspected illegal immigrants absent a formal partnership with ICE.
“That was purely illegal. (Sands) has no authority to do that, and therefore he does not have judicial immunity,” Ozment said, referring to the doctrine that protects judges from being sued for official conduct.
Sands said he had not yet been served with the lawsuit filed Wednesday in U.S. District Court. Even if he had, Sands said, it would be inappropriate to comment. Maury County Sheriff Enoch George did not return a call.
Ozment claims the Sheriff’s Department and Sands have handled other noncitizen criminal defendants similarly. The suit, alleging constitutional violations and false imprisonment, seeks class-action status.
Contact Brandon Gee at 615-726-5982 or bgee@tennessean.com.
Immigration lawyer Elliott Ozment sues Maury County government, judge | The Tennessean | tennessean.com
