latimes.com/news/local/la-me-baca-immigration-20121206,0,6431789.story
The
L.A. County Sheriff's Department will not detain suspected illegal immigrants
arrested in low-level crimes. The state attorney general's directive is cited as
the reason.
By Cindy Chang, Los
Angeles Times
December
6, 2012
Los Angeles County Sheriff Lee Baca has reversed his support for a
controversial deportation program, announcing Wednesday that he will not comply
with federal requests to detain suspected illegal immigrants arrested in
low-level crimes.
The sheriff's dramatic turnaround came a day after California Atty.
Gen. Kamala Harris issued a legal directive advising that compliance
with the requests is discretionary, not mandatory.
Until then, Baca had insisted that he would honor the requests
from U.S. Immigration
and Customs Enforcement to hold some defendants for up to 48 hours.
He was an outspoken opponent of the Trust Act,
which would have required California law enforcement officials to disregard the
requests in many cases, declaring that he would defy the measure if it passed.
Now, he appears ready to do more or less what was proposed in the
Trust Act, which was vetoed by Gov. Jerry Brown in September.
The change of heart from Baca, a Republican in a heavily
Democratic county, comes as GOP leaders are warming to immigration
reform in an effort to counteract dismal support from Latino voters. Last
month, Baca closed the 1,100-bed Mira Loma immigration detention center, which
earned his agency up to $154 a day for each detainee, after contract
negotiations with ICE broke down.
None of those considerations were at play, a Baca spokesman said.
The sheriff's reversal was prompted solely by Harris' opinion, which
contradicted advice from Los Angeles County attorneys that the requests were
mandatory, said the spokesman, Steve Whitmore.
The change may not take effect until early next year. Baca's staff
must first flesh out the details of the new policy, which would apply only to
those arrested in misdemeanors who do not have significant criminal records.
The department would still honor federal detention requests for those accused
of serious or violent crimes.
Under the federal Secure Communities program, all arrestees'
fingerprints are sent to immigration officials, who flag suspected illegal
immigrants and request that they be held for up to 48 hours until transfer to
federal custody.
Secure Communities has come under fire for ensnaring minor
offenders when its stated purpose is to deport dangerous criminals and repeat
immigration violators. According to federal statistics, fewer than half of
those deported in Los Angeles County since the program's inception in 2008 have
committed felonies or multiple misdemeanors. Critics say immigrants have become
fearful of cooperating with police.
"The last thing we want is victims to be frightened to come
forward," Whitmore said.
ICE officials said Baca's new policy is in line with federal
priorities and will affect only a "very small number" of cases.
"The identification and removal of criminal offenders and
other public safety threats is U.S. Immigration and Customs Enforcement's
highest enforcement priority," the agency said in a statement.
Immigrant rights advocates called Baca's announcement a long
overdue breakthrough.
"This will send a very strong message nationwide that in ...
the most multicultural city in the nation, the sheriff is there to protect and
to serve, not to deport," said Jorge-Mario Cabrera, communications
director for the Coalition for Humane Immigrant Rights of Los Angeles.
Supporters of the Trust Act, which was reintroduced in modified
form by Assemblyman Tom Ammiano (D-San Francisco) earlier this
week, said it is still necessary because detention policies should not vary by
jurisdiction.
"It's imperative that California have a uniform statewide
policy. It's essential that people not receive different treatment under the
law as they're driving up and down the 5," said Chris Newman, legal
director of the National Day Laborer Organizing Network.
Baca has not taken a position on the new Trust Act, which is
likely to evolve during the legislative process, Whitmore said.
