{"id":12689,"date":"2016-05-10T16:43:17","date_gmt":"2016-05-10T20:43:17","guid":{"rendered":"http:\/\/live-immigrationreform.pantheonsite.io\/?p=12689"},"modified":"2018-12-28T13:28:43","modified_gmt":"2018-12-28T18:28:43","slug":"louisiana-ag-calls-out-obamas-justice-department","status":"publish","type":"post","link":"https:\/\/www.immigrationreform.com\/2016\/05\/10\/louisiana-ag-calls-out-obamas-justice-department\/","title":{"rendered":"Louisiana AG Calls out Obama\u2019s Justice Department"},"content":{"rendered":"

\"Usdepartmentofjustice\"In an April 27, 2016 letter to U.S. Attorney General Loretta Lynch, Louisiana\u2019s Attorney General, Jeff Landry, questioned<\/a> the U.S. Department of Justice\u2019s (DOJ) role in the City of New Orleans\u2019 sanctuary policy.<\/p>\n

New Orleans\u2019 sanctuary policy has garnered much attention in the state capital of Baton Rouge these days thanks to two bills seeking to end sanctuary cities in Louisiana: HB 1148 and HB 453.\u00a0 HB 1148 would restrict localities with sanctuary policies from receiving state funds for new infrastructure projects.\u00a0 HB 453 would allow the victims of criminal aliens released by sanctuary cities in the state to sue the city or parish with such policy.<\/p>\n

The Louisiana House of Representatives overwhelmingly passed these bills last week.\u00a0 Opponents of the measures, however, have tried to derail their progress by claiming that the state\u2019s largest sanctuary jurisdiction, New Orleans, is only a sanctuary city due to a federal consent decree.\u00a0 They then go on to claim that the legislature should not pass these bills because it would cause the city to be in violation of the consent decree.<\/p>\n

What is this consent decree you may ask?\u00a0 Years ago, the New Orleans Police Department (NOPD) got into some hot water with the feds over its police practices.\u00a0 To fix things, in 2012 the NOPD entered into a federal consent decree (or agreement) with the DOJ, which governs the NOPD\u2019s interactions with suspects and the public.<\/p>\n

Page 50 of this 129 page agreement with the DOJ contains a section on how the NOPD should handle immigration matters.\u00a0 In it, the agreement states that among other things, \u201cOfficers shall not take law enforcement action on the basis of actual or perceived immigration status, including the initiation of stops or other field contacts.\u201d<\/p>\n

Long story short, the NOPD has interpreted (or at least used as its excuse) the federal consent decree as its justification for its sanctuary policy.\u00a0 In pertinent part, the NOPD\u2019s sanctuary policy reads:<\/p>\n

3. NOPD members shall not<\/b> make inquiries into an individual\u2019s immigration status, except as authorized by this Chapter.<\/p>\n

5. The NOPD shall not<\/b> engage in, assist, or support immigration enforcement except as follows<\/p>\n

(a)\u00a0\u00a0\u00a0 In response to an articulated, direct threat to life or public safety; or<\/p>\n

(b)\u00a0\u00a0 When such services are required to safely execute a criminal warrant or court order issued by a federal or state judge.<\/p>\n

6. Unless authorized by Paragraph 5, members are not permitted to accept requests by ICE or other agencies to support or assist in immigration enforcement operations<\/b>\u2026.In the event a member receives a request to support or assist in a civil immigration enforcement action he or she shall report the request to his or her supervisor, who shall decline the request<\/b> and document the declination in an interoffice memorandum to the Superintendent through the chain of command.<\/p><\/blockquote>\n

As such, opponents of the anti-sanctuary bills have been pointing their fingers at the federal consent decree, using it as an argument against the measures by claiming that passing them would force New Orleans to violate their agreement with the feds.<\/p>\n

This immigration provision in the consent decree, however, violates federal law.\u00a0 Pursuant to 8 U.S.C. 1373, local governments are prohibited from restricting its employees \u2013 including law enforcement officers\u2019 \u2013 from communicating with federal immigration agents.\u00a0 That section reads:<\/p>\n

(a)\u00a0\u00a0\u00a0 In general<\/p>\n

Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.<\/p>\n

(b)\u00a0\u00a0 Additional authority of government entities<\/p>\n

Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:<\/p>\n

(1) Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service.<\/p>\n

(2) Maintaining such information.<\/p>\n

(3) Exchanging such information with any other Federal, State, or local government entity.<\/p><\/blockquote>\n

Being the true immigration reformer that he is, Attorney General Landry has made this contradiction clear to U.S. Attorney General Loretta Lynch and is now seeking her clarification.\u00a0 \u201cI am perplexed by the implication that the U.S. Department of Justice would require \u2013 through a federal Consent Decree \u2013 any <\/i>city or law enforcement authority or officer to not cooperate<\/b> with federal authorities.\u00a0 Nor, can I believe that a Federal Court would approve language in any Consent Decree that would force a municipality or its law enforcement agency or officials to knowingly and intentionally violate unambiguous federal law.\u201d<\/p>\n

You can view more of Attorney General Landry\u2019s letter, as well as the NOPD policy and consent decree here, to decide for yourself who is to blame for the policy.\u00a0 Because surely, the Obama administration\u2019s Justice Department would never<\/i> ask localities not to help enforce our immigration laws.<\/p>\n

Related:<\/p>\n

Sanctuary Policies in America<\/strong><\/a><\/p>\n

\u201cSanctuary\u201d Policy is Bad Public Policy (2015)<\/a><\/p>\n

FAIR Letter Urging New Orleans Police to Reject Sanctuary Policies<\/a>