Federal judge hears arguments about Orleans Parish Sheriff’s Office immigration policy

NEW ORLEANS (WGNO) — Louisiana Attorney General Liz Murrill is going up against Orleans Parish Sheriff Susan Hutson. Murrill wants the Orleans Parish Sheriff’s Office to cooperate with ICE to detain illegal immigrants.

“Hopefully we could find a way to best balance both the state law and the constitutional rights of people,” said Alotro Staff Attorney Jeremy Jong.

“I think we’ll be on our way to dissolving this consent decree, just like the people of Louisiana put in the law last year,” said Principal Deputy Solicitor General for the Attorney General’s Office Zack Faircloth.

The legal battle between the OPSO and Murrill could come to an end soon.

Murrill is asking a judge to end the federal consent decree that prohibits the housing of inmates for immigration violations in the Orleans Parish prison.

“State law requires there are no sanctuary policies in the state of Louisiana. We think this consent decree prohibits the sheriff from being able to comply with that state law requirement. We’re here to lift that burden off their shoulder and allow them to comply with state law,” said Faircloth.

The policy surrounds a 2013 case where two men were picked up for immigration violations and held for months at the request of ICE.

Opponents believe if the judge dissolves the consent decree, there will be a ripple effect.

“Statewide there are issues with over detention. There have been numerous lawsuits filed against numerous law enforcement agencies all across the state for holding people past the release dates. And yeah, … we fear that that’s what would happen again.” said Jong.

The sheriff’s office plans to go into mediation with the state to see where they can compromise.

If the judge says the jail must house ICE detainees, there are concerns that there may not be enough deputies to handle to influx of inmates.

“I don’t think it’s a secret that our office is in need of resources. Seriously, the requirements and demands of our office have only increased and the financial support specifically has remained the same, and in some instances decreased,” said OPSO Chief of Staff John Williams.

For now, the OPSO policy remains in place.

“We’re going to pursue every path that allows us to ensure state laws are enforced. So whether that’s an appeal in this case or whether that’s separate litigation. We’re still evaluating our options, but certainly we’re going to leave the door open,” said Faircloth.

There is no timeline for when the judge will make her decision.

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