Legal analysts, immigrant advocates weigh in on Louisiana Attorney General immigration policies lawsuit

NEW ORLEANS (WGNO) — Louisiana Attorney General Liz Murrill’s lawsuit challenges a consent decree judgment made in 2013 which prohibits the Orleans Parish Sheriff’s Office from working with immigration and customs enforcement unless it involves crimes like murder or rape.

“What the attorney general is trying to do is to disrupt a policy that is legal and has served the community of New Orleans for over a decade,” said Director of Tulane University’s Immigrant Rights Clinic, Mary Yanik.

Yanik says the sheriff is abiding by policy.

“The sheriff is following a policy that is under a court order. So she, you know, has said publicly that she wants to follow the law and it’s her legal duty to continue following that policy that remains in place,” said Yanik.

Murrill says the legislature passed a law last year that requires local law enforcement to cooperate with immigration agents in all cases.

WGNO Legal Analyst Cliff Cardone says it is too early to say how things will turn out, stating Judge Susie Morgan may have to weigh in also.

“Judge Susie Morgan, who issued the consent decree and has given the inmates in parish prison a sanctuary status. A federal judge is going to have to weigh in on this to make a determination as to whether or not that law is constitutional,” said Cardone.

Yanik says that the migrant community should not be fearful of the lawsuit, but Cardone says that the lasting effects are still unknown.

“She, right now, does not, has not even have the ability to file a motion beyond seeking to enter into the case. There isn’t even at this point an assigned judge. Although we hope that the court rejects the suggestion that the state can intervene,” said Yanik.

“That could be carved out of the consent decree. That’s up to a federal judge that may be carved out based on the state law that Liz Murrill is annunciating or relying on,” said Cardone.

The Sheriff’s Office released a statement.

“The Orleans Parish Sheriff’s Office (OPSO) cannot comment on pending litigation that we have not received or reviewed.
However, OPSO remains in full compliance with all applicable state laws and valid court orders related to ICE detainers. We enforce ICE detainers when doing so aligns with our legal obligations. OPSO continues to operate under a federal consent decree and a court-approved settlement agreement in Cacho v. Gusman.
Under current policy, which is mandated by the consent decree, OPSO honors ICE detainers in cases involving serious crimes such as murder, rape, and armed robbery. Our office will continue to follow the law as directed by the courts while maintaining our commitment to public safety and constitutional policing.”

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