Ed. note: For the uninformed, it must seem like an insurrection. Federal officials and politicians trying to get the cops to do ICE’s job for them without compensation are shocked that local law enforcement professionals remember exactly what happened with 287G the first time around. And since it’s an old idea that was poorly thought out and one that produced almost nothing in the way of promised results, it’s hardly surprising we’re seeing the same pattern play out now.
Via USA Today:
Maricopa County jails will no longer detain people flagged by federal authorities as a courtesy for the U.S. Immigration and Customs Enforcement, Sheriff Paul Penzone said Friday evening.
Penzone told reporters that earlier Friday, his office had been advised by the Maricopa County Attorney’s Office that he faced a “threat of litigation” because of the procedure, which forced the Sheriff’s Office to change its policy.
Individuals no longer will be detained beyond the time that they otherwise should be released for an offense.
“There’s no further authority to detain an individual,” Penzone said. “We are following our legal obligation, to process that individual for release.”
Penzone said he alerted ICE officials to the change Friday, and that the new policy would be effective immediately.
The previous process was known as an ICE detainer.
After an individual is booked into a Maricopa County jail, the person receives a screening from ICE to determine whether he or she might be in the country illegally. If ICE flagged the individual, the Maricopa County jail would hold the individual for the federal government for up to 48 hours after the time the person otherwise would have been released.
If ICE finds an individual is in the country illegally, the process can initiate deportation proceedings.
Penzone said an ICE agent will remain in the jails and still will screen everyone who is booked. The changes come on the back end, when the individual is to be released.
Penzone said ICE agents will receive a notification when the individual is to be let out of jail, but the detainee will no longer be held longer than a legal citizen would be kept.
The Maricopa County Sheriff’s Office will not facilitate the transfer to ICE, Penzone said. He could not offer clarification on how ICE agents would collect those the agency deemed fit for deportation.
“ICE will have to take a more aggressive position on how to act on those,” Penzone said.