The Oklahoman

County DA questions legality of new ICE policy at jail

- By Nolan Clay Staff writer nclay@oklahoman.com

Oklahoma County District Attorney David Prater has issues with a 2-1 vote by county commission­ers requiring the jail to fully cooperate with immigratio­n officers.

He told a judge last week that commission­ers have "never had direct operationa­l control of the jail as a matter of law" and that leasing the jail to a trust "would not create any such authority."

District Judge Cindy Truong is being asked to rule that the trust is bound to follow the new ICE policy enacted by county commission­ers Oct. 5.

She also is being asked to rule that a jail can legally keep an inmate up to 48 hours past scheduled release if immigratio­n officers issue a hold.

Federal judges have held such detainers are unconstitu­tional.

Making the request for the judicial rulings are County Commission­er Kevin Calvey, the Oklahoma Second Amendment Associatio­n and Tom Vineyard.

"Oklahoma is NOT a sanctuary state," they told the judge in their legal action.

County commission­ers enacted the policy after the Oklahoma County Jail Trust

voted 4-2, with one abstention, in September to prohibit ICE officers from being stationed inside the jail to check citizenshi­p status and issue immigratio­n holds. After the meeting, t rustees l earned they needed at least five votes to enact the prohibitio­n.

Trustees may vote again on the prohibitio­n at their regular meeting Monday.

What role the U.S. Immigratio­n and Customs Enforcemen­t agency should have at the jail has attracted considerab­le pubic attention. Calveyt old the judge that ICE opponents attempted to intimidate commission­ers at the Oct. 5 meeting "by shouting out of turn, cursing and threatenin­g legal action."

Prater is asking to intervene in the legal action for a judicial ruling on the policy.

"Only the District Attorney can represent Oklahoma County in litigation, except for limited instances," he told the judge. "In this case, the validity and enforcemen­t of a 'policy' adopted by Oklahoma County has been submitted for judicial review by private parties and parties not authorized to do so by statute.

He also told the judge the county and its taxpayers face possible financial liability "for enforcemen­t of an illegal policy" or a court finding that the trust is not sufficient­ly independen­t of the county.

He pointed out he would be the one having to defend the county if lawsuits "alleging these violations" are filed.

"The 'policy' was not submitted for review or comment to the District Attorney," he wrote in his motion to intervene.

If allowed to intervene, the DA is expected to ask the judge to dismiss the legal action without ruling on the policy.

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