Albuquerque Journal

Berry: Albuquerqu­e not a ‘sanctuary city’

Mayor fires back at Sessions after AG threatens to withhold federal funds

- BY MICHAEL COLEMAN JOURNAL WASHINGTON BUREAU

WASHINGTON — Albuquerqu­e Mayor Richard Berry on Thursday rejected U.S. Attorney General Jeff Sessions’ characteri­zation of Albuquerqu­e as a sanctuary city and said it’s the federal government’s job to enforce immigratio­n laws, not the responsibi­lity of local police jurisdicti­ons.

“Albuquerqu­e, New Mexico, is not a city that in your words ‘protects criminals from immigratio­n enforcemen­t,’ and therefore, we are not in your words, a ‘sanctuary city,’ ” Berry wrote to Sessions in a letter Thursday.

The mayor’s remarks came in response to the attorney general’s threat Thursday morning to withhold federal law enforcemen­t resources from the high-crime cities of Albuquerqu­e, Baltimore

and both Stockton and San Bernardino in California. In letters to those chiefs of police, the Department of Justice said if their cities want to take advantage of a new federal crime-fighting assistance program launched in June, they need to prove by Aug. 18 that they are complying with federal directives regarding the detainment of foreign nationals arrested for crimes.

Albuquerqu­e had applied for the program.

Sessions on Thursday noted a high-profile case in Oregon that arose last week in which a person “who had been deported 20 times and was wanted by immigratio­n authoritie­s allegedly sexually assaulted an elderly woman in Portland, a city that refuses to cooperate with immigratio­n enforcemen­t.”

“By protecting criminals from immigratio­n enforcemen­t, cities and states with so-called ‘sanctuary’ policies make all of us less safe,” the attorney general said.

Sessions’ letter to Albuquerqu­e Police Chief Gorden Eden drew immediate rebukes from Rep. Michelle Lujan Grisham, an Albuquerqu­e Democrat who called the directive “political,” and the New Mexico chapter of the American Civil Liberties Union, which described Sessions’ approach as “bullying.” Sessions’ announceme­nt came in the same week that President Donald Trump’s administra­tion has renewed its crackdown on unlawful immigratio­n.

In a Journal interview Thursday, Berry said that Albuquerqu­e shed its status as a sanctuary city in 2010 — a year after he took office — and that Sessions’ scrutiny may be more appropriat­ely directed at the Bernalillo County Detention Center, as the city of Albuquerqu­e does not have a jail.

“This may be a misunderst­anding on the federal level of who runs our jail,” Berry said.

The dispute stems in large part from the refusal of local police jurisdicti­ons in Albuquerqu­e and other cities to detain arrestees who are foreign nationals until ICE agents can deport them. Berry and other city officials around New Mexico and parts of the U.S. contend it is the federal government’s responsibi­lity to detain and deport those in the country illegally.

But under the Albuquerqu­e policy adopted nearly eight years ago, Immigratio­n and Customs Enforcemen­t officers are given a chance to check the immigratio­n status of everyone arrested and detained by city police at the Albuquerqu­e Prisoner Transport Center before they are transferre­d to the county jail, Berry said. The move ensures that all arrestees are treated equally and that no ethnic groups are singled out, he said.

The city has provided a desk at the transport center for an ICE officer since 2010. Berry told the Journal that the desk was manned by ICE agents in the early years after the policy was adopted but is rarely staffed anymore.

In his letter to Sessions, Berry said the Albuquerqu­e Police Department “does not have the resources to enforce federal immigratio­n laws with our local law enforcemen­t officers, and we have no plans to do so.”

“ICE personnel must perform the screening of individual­s arrested for criminal offenses, utilizing ICE informatio­n systems and databases to determine which arrestees have ‘immigratio­n holds’ and can then notify Bernalillo County, the government entity that operates the County Jail, of an ‘ICE detainer,’” the mayor added.

Sessions’ letter asks in part that police chiefs confirm that their cities have policies in place that require a detainee suspected of being in the country illegally to be held for at least 48 hours to allow ICE officials to take custody. Cities and counties across New Mexico, including Albuquerqu­e — and many across the country — do not have such policies in place.

Sessions and other law enforcemen­t officials in the Trump administra­tion contend that local police department­s that don’t cooperate with Immigratio­n and Customs Enforcemen­t requests to detain arrestees who are in the country illegally are fueling violent crime.

“By forcing police to go into more dangerous situations to re-arrest the same criminals, these policies endanger law enforcemen­t officers more than anyone,” Sessions said Thursday. “The Department of Justice is committed to supporting our law enforcemen­t at every level, and that’s why we’re asking ‘sanctuary’ jurisdicti­ons to stop making their jobs harder.”

Sessions’ letter also noted that to qualify for the anticrime program, a city must “have sustained levels of violence that exceed the national average.” Violent crime in Albuquerqu­e rose by more than 25 percent from 2009 to 2015, according to an APD report. There were 206 more violent crimes in Albuquerqu­e in 2016 than in 2015.

Lujan Grisham, an Albuquerqu­e Democrat who co-chairs the Congressio­nal Hispanic Caucus, denounced Sessions’ announceme­nt as a “political directive” and said it undermines the work of local police officers.

“This political directive from the Department of Justice threatens to make cities like Albuquerqu­e less safe by forcing local police officers to do the work of federal immigratio­n agents,” said Lujan Grisham, who is running for governor of New Mexico in 2018. “Albuquerqu­e’s police force is chronicall­y understaff­ed, and officers are already working overtime to combat violent crime in our community.

“Our local law enforcemen­t is better-equipped to target street crime,” she added. “We should support those efforts with more resources, not threats to withhold federal funding.”

 ??  ?? Albuquerqu­e Mayor Richard Berry
Albuquerqu­e Mayor Richard Berry
 ??  ?? U.S. Attorney General Jeff Sessions
U.S. Attorney General Jeff Sessions

Newspapers in English

Newspapers from United States