WBEZ | misdemeanors http://www.wbez.org/tags/misdemeanors Latest from WBEZ Chicago Public Radio en County commissioner pulls bill to free inmates wanted by ICE http://www.wbez.org/story/county-commissioner-pulls-bill-free-inmates-wanted-ice-89730 <img typeof="foaf:Image" src="http://llnw.wbez.org/story/photo/2011-July/2011-07-27/Garcia.JPG" alt="" /><p><p>Legislation that would have required Cook County to free some jail inmates wanted by immigration authorities is dead for now.<br> <br> Commissioner Jesús García, D-Chicago, withdrew his bill at Wednesday’s County Board meeting. “We want to rethink it,” he said afterwards.<br> <br> The measure would have made the county the nation’s largest jurisdiction to end blanket compliance with Immigration and Customs Enforcement detainers. Those are requests by the federal agency for local jails to keep some inmates 48 hours beyond what their criminal cases require.<br> <br> García’s bill would have ended the county’s compliance unless the inmate had been convicted of a felony or two misdemeanors and unless the county got reimbursed.<br> <br> Board President Toni Preckwinkle said she would back releasing some inmates wanted by ICE but wants to hear from State’s Attorney Anita Alvarez. “We hope to have a written opinion from the state’s attorney that will allow us to proceed,” she said after the board meeting.<br> <br> A letter from Alvarez to Cook County Sheriff Tom Dart’s office back in 2009 said the jail “must comply with any ICE detainers.”<br> <br> But ICE officials in recent months have said there is no legal requirement for jails to comply. Dart told WBEZ this month he planned to ask Alvarez for an updated opinion.<br> <br> Alvarez’s office hasn’t answered WBEZ’s questions about whether she will revisit that opinion.</p></p> Wed, 27 Jul 2011 21:10:00 -0500 http://www.wbez.org/story/county-commissioner-pulls-bill-free-inmates-wanted-ice-89730 Bill would free Cook County inmates wanted by ICE http://www.wbez.org/story/bill-would-free-cook-county-inmates-wanted-ice-89634 <img typeof="foaf:Image" src="http://llnw.wbez.org/story/photo/2011-July/2011-07-26/cook-County-Jail-2_Flickr_Zol87.jpg" alt="" /><p><p>A Cook County commissioner is quietly proposing an ordinance that would require the county’s massive jail to release some inmates wanted by immigration authorities.</p><p>Sponsored by Jesús García, D-Chicago, the measure would prohibit the jail from holding inmates based on an Immigration and Customs Enforcement request unless they have been convicted of a felony or two misdemeanors, and unless the county gets reimbursed.</p><p>The legislation’s preamble says complying with the ICE requests, known as detainers, “places a great strain on our communities by eroding the public trust that local law enforcement depends on to secure the accurate reporting of criminal activity and to prevent and solve crimes.”</p><p>The jail now holds detainees requested by ICE for up to 48 hours after their criminal cases would allow them to walk free. Sheriff Tom Dart’s office says the jail turns over about a half dozen inmates to the federal agency each business day.</p><p>Dart this month <a href="http://www.wbez.org/story/sheriff-mulls-freeing-inmates-wanted-immigration-charges-89233">told WBEZ his staff was exploring legal options</a> for releasing some of these inmates. The sheriff said his review began after he noticed that San Francisco County Sheriff Michael Hennessey had ordered his department to quit honoring certain ICE detainers beginning June 1.</p><p>If Dart’s office follows Hennessey’s path or if García’s legislation wins approval, Cook County could become the nation’s largest local jurisdiction to halt blanket compliance with ICE holds.</p><p>“Cook County would be a counter pole to Arizona’s Maricopa County,” says Chris Newman, general counsel of the National Day Laborer Organizing Network, a Los Angeles-based group that opposes involving local authorities in immigration enforcement.</p><p>García’s office didn’t return WBEZ calls or messages about his legislation. The offices of Sheriff Dart and Cook County Board President Toni Preckwinkle said they had seen the bill but declined to say whether they supported it.</p><p>A spokeswoman for Cook County State’s Attorney Anita Alvarez said late Tuesday her office had not been consulted about García’s proposal. A 2009 letter from Alvarez to Dart’s office said federal law required the sheriff to comply with “any ICE detainers.”</p><p>In recent months, however, immigration authorities have acknowledged that local jails do not have to comply with the detainers.</p><p>ICE spokeswoman Leticia Zamarripa, asked for comment about García’s legislation, sent a statement calling the detainers “critical” for deporting “criminal aliens and others who have no legal right to remain in the United States.”</p><p>“Individuals arrested for misdemeanors may ultimately be identified as recidivist offenders with multiple prior arrests, in addition to being in violation of U.S. immigration law,” the ICE statement said. “These individuals may have been deported before or have outstanding orders of removal.” Jurisdictions that ignore immigration detainers would be responsible for “possible public safety risks,” the statement added.</p><p>García’s proposal is on the county board’s agenda for Wednesday morning. Possible steps by commissioners include referring the measure to committee or approving it immediately.</p></p> Tue, 26 Jul 2011 10:00:00 -0500 http://www.wbez.org/story/bill-would-free-cook-county-inmates-wanted-ice-89634