Los Angeles Times

In L. A., jails have a deal with ICE

Critics assail the program, which targets felons who may be in the country illegally.

- By Kate Linthicum

Program targeting some immigrants may be extended.

Los Angeles County supervisor­s are nearing a decision on whether to extend a controvers­ial program with federal immigratio­n authoritie­s that targets potentiall­y deportable immigrants who have been convicted of serious crimes.

The program, known as 287( g), places U. S. Immigratio­n and Customs Enforcemen­t agents in county jails and trains county employees to question inmates convicted of certain felonies to determine whether they may be in the country illegally. Inmates identified through the program are often taken into ICE custody after they are released from jail.

Opponents of the program, which is scheduled to come before the Board of Supervisor­s on Tuesday, say it blurs the line between criminal and immigratio­n law enforcemen­t and opens up the county to legal liability.

They say the agreement between the Sheriff’s Department and ICE erodes trust in law enforcemen­t among immigrant communitie­s and results in racial profiling. Also, they argue, jail employees charged with investigat­ing inmates’ legal status often are not adequately versed in the complexiti­es of immigratio­n law, and sometimes misidentif­y inmates as deportable.

The idea of having jail employees “questionin­g and making determinat­ions about whether someone may be deportable is very alarming,” said Jennie Pasquarell­a, an attorney with the American Civil Liberties Union of Southern California, which has asked the board to reject the contract. Pasquarell­a said lawmakers should delay the vote until a new sheriff is elected and sworn in.

Both candidates vying to replace interim Sheriff John Scott in the November election have voiced opposition

to 287( g).

Supporters of the program, including Supervisor Gloria Molina, say it is a crucial public safety tool that targets only the most dangerous criminals.

“These are people who have been convicted of a felony,” said Molina, who represents eastern L. A. County. “It could be rape, it could be attempted murder. If you’re a convicted felon, you’re not welcome in our community.”

Tuesday’s vote comes as state and local government­s across the country have been rethinking their relationsh­ip with federal immigratio­n officials. The number of lawenforce­ment jurisdicti­ons participat­ing in 287( g) has decreased from 75 to 35 in recent years, ICE spokeswoma­n Lori Haley said.

Many immigrant advocacy groups have opposed not only 287( g), which concerns how inmates are flagged as possibly deportable, but also the manner in which ICE takes inmates into custody after they serve their time in local jails.

For years, ICE has maintained a practice of asking local law enforcemen­t officials to hold potentiall­y deportable inmates beyond the length of their jail terms, sometimes for days, so that ICE agents can pick them up.

A new California law known as the Trust Act prohibits local law enforcemen­t officials from honoring such requests from immigratio­n agents except when inmates have been charged with or convicted of a serious offense.

Following a federal court ruling in April that found an Oregon county liable for damages after it held an inmate beyond her release date, dozens of cities and counties across the country, including Los Angeles County, announced they would stop honoring ICE hold requests altogether.

Immigrant advocates hailed the announceme­nt at the time, but now say L. A. County has not implemente­d the new policy and continues to hold some inmates past their release date.

Pasquarell­a said the ACLU has investigat­ed numerous such cases. She cited a recent case in whicha U. S. citizen inmate was held by the county after he had completed his sentence and was not released until his sister came to the jail and presented deputies with his birth certificat­e.

Sheriff’s Cmdr. Jody Sharp, who heads the department’s custody operations division, said she had not heard of that case— and insisted the county is no longer honoring ICE hold requests.

“We work within the law,” she said.

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