WBEZ | due process http://www.wbez.org/tags/due-process Latest from WBEZ Chicago Public Radio en Commissioners take aim at immigration ordinance http://www.wbez.org/story/commissioners-take-aim-county-immigration-law-95607 <img typeof="foaf:Image" src="http://llnw.wbez.org/story/photo/2012-January/2012-01-18/Schneider.JPG" alt="" /><p><p><img alt="" class="caption" src="http://llnw.wbez.org/story/insert-image/2012-January/2012-01-18/Schneider.JPG" style="margin: 9px 18px 5px 1px; float: left; width: 264px; height: 276px;" title="Timothy Schneider, R-Bartlett, authored one of the proposals. (WBEZ/Chip Mitchell)">A debate about a Cook County ordinance that frees some inmates wanted by immigration authorities could get hotter. At its meeting Wednesday, the County Board agreed to consider two proposed amendments that would scale back the ordinance. Commissioners with opposing views of the measure also vowed to press the county’s top law-enforcement officials to testify about it at an unscheduled hearing.</p><p>The ordinance effectively bars compliance with U.S. Immigration and Customs Enforcement detainers, which are requests that the county’s jail hold specified inmates up to two business days after they post bond or complete their criminal cases.</p><p>One of the proposed amendments, introduced Wednesday by Timothy Schneider (R-Bartlett), seems to require compliance with the detainers for inmates listed on the federal Terrorist Identities Datamart Environment and for inmates charged with — though not necessarily convicted of — various felonies. Those felonies include certain drug offenses, crimes resulting in great bodily harm, and “forcible felonies,” which Illinois defines as involving the use or threat of physical force or violence against an individual.</p><p>“I know that my amendment will not pass,” Schneider told commissioners during their meeting. “But maybe with some input from some of the stakeholders, something will come out of this and we will pass a common-sense measure that creates greater justice for victims of crimes and also to improve public safety for the residents of Cook County.”</p><p>The other proposed amendment, filed by Peter Silvestri (R-Elmwood Park) and John Daley (D-Chicago), would give the sheriff leeway to honor the detainers.</p><p>“The sheriff should have greater discretion on holding people that pose a threat to society,” Silvestri said before the meeting. “The sheriff, as the chief law enforcement officer of the county, should develop a procedure for determining which individuals to keep and which to release.”</p><p>That idea is not going over well with the ordinance’s author, Jesús García (D-Chicago). “It would bring back a flawed program that has not succeeded in apprehending dangerous criminals, and has instead resulted in the detention and sometimes deportation of people with minor infractions, victims of crime, and even U.S. citizens,” a statement from García’s office said. “It would give the sheriff unbridled discretion to comply with ICE detainers.”</p><p>Commissioners voted Wednesday afternoon to send both proposals to the board’s Legislation and Intergovernmental Relations Committee, chaired by Larry Suffredin (D-Evanston), who supports the ordinance.</p><p>Sheriff Tom Dart’s office did not return a call about the proposals, but he has quietly urged commissioners to require compliance with ICE detainers for inmates who meet any of several criteria. Dart listed some of the criteria in a December letter to Silvestri: “[It] is my hope that you agree that those charged with a ‘forcible felony,’ those who have a history of convictions and those on a Homeland Security Terrorist Watch List should be held on an ICE detainer rather than released immediately.”</p><p>State’s Attorney Anita Alvarez’s office did not return a call about the proposals.</p><p>The ordinance, approved in a 10-5 vote last September, has received increasing public attention in recent weeks as news outlets have focused on a convicted felon who was charged and jailed in a fatal Logan Square hit-and-run incident last year and named on an ICE detainer. After the ordinance passed, officials say, the inmate posted bond, walked free and went missing.</p><p>A letter this month from ICE Director John Morton to County Board President Toni Preckwinkle cites that case. “This ordinance undermines public safety in Cook County and hinders ICE’s ability to enforce the nation’s immigration laws,” the letter says.</p><p>Last week Preckwinkle said the hit-and-run suspect’s release “outraged” her, but she has stuck behind the ordinance. Instead of reconsidering it, she proposed a study of the county’s bail bond system for all criminal cases — no matter whether the inmate’s name appears on an ICE detainer. On Wednesday, the board approved the proposal, under which the county’s Judicial Advisory Council will undertake the study. That five-member panel, chaired by Illinois Supreme Court Justice Anne Burke, would recommend ways to improve pretrial services so judges can make better-informed decisions on bond amounts, according to the proposal.</p><p>ICE took custody of 1,665 Cook County inmates in 2010 and 721 in 2011, according to Dart’s office. Morton’s letter says ICE has lodged detainers against another 268 county inmates since the ordinance’s approval but the sheriff’s office has disregarded them.</p><p>The ordinance prohibits the jail from honoring the detainers unless the federal government agrees in advance to pay for the extended confinement — something ICE says it doesn’t do. García and others who back the ordinance say the detainers violated inmates’ due-process rights and eroded community trust in local police. A federal court ruling in Indiana last summer called compliance with the detainers “voluntary.”</p><p>The ordinance has reverberated beyond Cook County. In October, California’s Santa Clara County adopted a similar measure.</p></p> Wed, 18 Jan 2012 13:38:00 -0600 http://www.wbez.org/story/commissioners-take-aim-county-immigration-law-95607 County starts freeing inmates wanted by ICE http://www.wbez.org/story/county-starts-freeing-inmates-wanted-ice-91808 <img typeof="foaf:Image" src="http://llnw.wbez.org/story/photo/2011-September/2011-09-09/Cook county jail Ted S. Warren-scr.jpg" alt="" /><p><p>A new Cook County ordinance that touches the hot-button issue of immigration is allowing inmates out of the county’s jail and making waves in other parts of the country.</p><p>The ordinance, approved Wednesday by the County Board, halts compliance with Immigration and Customs Enforcement requests that certain inmates stay in jail up to two business days beyond what their criminal cases require. The requests, known as detainers, give ICE time to pick up the inmates for possible deportation.</p><p>Sheriff Tom Dart’s office says by Friday afternoon the jail had freed 11 jail inmates named in ICE detainers.</p><p>ICE took custody of 721 Cook County inmates on detainers this year and 1,665 last year, according to Dart’s office. “I guess that’s it,” spokesman Steve Patterson says.</p><p>The ordinance requires the jail to free such inmates unless the federal government agrees in advance to pay for the extended confinement. ICE says the feds don’t reimburse any local jurisdiction in the country for those costs.</p><p>“It’s like a godsend,” says Carlos Torres, 29, of North Lawndale.</p><div class="inset"><p><span style="color: rgb(165, 42, 42);"><span style="font-size: 24px;"><em><span style="font-family: georgia,serif;">‘You have many localities and state legislatures trying to do immigration policy. We’re not best equipped to do this.</span></em></span></span><span style="color: rgb(165, 42, 42);"><span style="font-size: 24px;"><em><span style="font-family: georgia,serif;">’</span></em></span></span></p></div><p>Torres says Chicago police last month arrested his father after finding narcotics in a car in which he was a passenger. Torres says his father, a Mexico native, has an expired green card and that his U.S. record includes a burglary conviction. “So that would make him more likely to get deported,” Torres says.</p><p>ICE found out Torres’s father was in the jail and put a detainer on him. But the ordinance gives the inmate a better chance of walking free after a court appearance Tuesday. “I’m relieved,” Torres says.</p><p>Jesús García, D-Chicago, and other commissioners who backed the measure say detainers violate inmates’ due-process rights and erode community trust in local cops.</p><p>“You have many localities and state legislatures trying to do immigration policy,” García says. “We’re not best equipped to do this.”</p><p>García says local governments are stuck with the job until Congress overhauls the nation’s immigration laws.</p><p>Those localities have some cover from a federal court ruling in Indiana this summer. The ruling says compliance with ICE detainers is voluntary.</p><p>Still, a few Cook County commissioners have qualms about ignoring them. “Under this ordinance, gang bangers and people involved in drug dealing, sex trafficking and criminal sexual assault will be released back into our communities,” Timothy Schneider, R-Bartlett, said during Wednesday’s County Board meeting. “This is clearly our Willie Horton moment.”</p><p>A Massachusetts prison released Horton, a convicted felon, as part of a weekend furlough program in 1986. He did not return and committed violent crimes that came back to haunt Gov. Michael Dukakis in the 1988 presidential campaign.</p><p>ICE sounds a similar alarm. “ICE has not sought to compel compliance through legal proceedings [but] jurisdictions that ignore detainers bear the risk of possible public safety risks,” the agency said in a statement about the Cook County vote.</p><p>Asked whether ICE will take the county to court to compel compliance, the agency did not answer.</p><p>The ordinance, meanwhile, is reverberating beyond the county. “For a long time we felt like we were in this alone,” says Juniper Downs, lead deputy counsel for Santa Clara County, California. “Cook County’s bold policy may affect the direction of the policy we develop.”</p><p>At least three other counties — Taos and San Miguel, both in New Mexico, and San Francisco in California — have limited the sorts of inmates they’re holding on ICE detainers. None has gone as far as Cook County, which is ignoring the detainers altogether.</p></p> Fri, 09 Sep 2011 23:28:00 -0500 http://www.wbez.org/story/county-starts-freeing-inmates-wanted-ice-91808