Opelika, Al.
Lee County’s sheriff says the consensus among his counterparts across the state is the new immigration law would be enforced, though it will likely remain a secondary concern for officers on patrol.
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| Sheriff Jay Jones |
The consensus among the sheriffs, Jones said, was that enforcement would remain secondary to primary actions such as traffic stops, 911 calls and other encounters between law enforcement and the public.
“We wouldn’t go driving down looking for people on the street corner,” Jones said.
Jones predicted enforcement would likely mirror that of the existing law requiring motorists and passengers to wear seatbelts when it was first enacted. Motorists were stopped for speeding or other traffic infractions and only ticketed for seatbelts if they were found in violation, said Jones, who envisions a similar enforcement pattern for the immigration law’s provisions.
Jones said if probable cause was found, officers would then take the person into custody to determine immigration status.
Training for officers on the best way to achieve this remains a question for law enforcement.
“We just want to make sure we are consistent and uniform in the application,” Jones said.
Jones said locally there are plans for coordinated training among law enforcement in Lee County.
Lee County District Attorney Robbie Treese said he hopes to make a presentation to local law enforcement sometime after the three-week criminal session beginning Oct. 31.
“There are lots of questions still,” Treese said. “But we’ll do the best we can to enforce what we got.”
The new state law, passed by the Legislature during the regular session this spring, was delayed by federal court challenges from civil rights groups and the U.S. Justice Department.
Critics of the law say it encroaches on federal authority and is unconstitutional and would lead to profiling.
In a Sept. 28 ruling, U.S. District Court Judge Sharon Blackburn allowed portions of the law to stand, including prohibiting state agencies or government contractors from using illegal immigrants for contract work, requiring police to check immigration status of suspected illegal immigrants and requiring businesses to verify the status of employees.
Blackburn and the U.S. 11th Circuit Court of Appeals have blocked other provisions of the law, including a requirement that schools check immigration status of students, prohibitions against giving illegal immigrants rides or shelter and mandating federal verification as the exclusive form of documentation in court, among others.
The law remains under consideration by the appeals court after opponents challenged the provisions allowed to stand by Blackburn.
What remains to be enforced of the original law was the primary topic of the sheriffs’ meeting Thursday. Jones said law enforcement would do its best to enforce the remaining provisions.
Part of the discussion, Jones said, was how police should handle conflicting guidelines about how long suspected illegal immigrants could be detained before their legal status was determined. Jones said there was uncertainty whether suspected illegal aliens could be held for 24 or 48 hours while their status was determined.
“We will just have to deal the conflicts as they arise,” Treese said. “Any time a new law is passed, we have to deal with it.”
Jones said the jail would have to wait for federal authorities to come claim the suspected illegal immigrants, which usually takes a few days. Jones said police contact Immigration and Custom Enforcement regarding suspected illegal immigrants.
“We would be dependent on the federal authorities to take action,” Jones said.
Until federal authorities collect the illegal immigrants, it would be up to the arresting agency to pay for their detainment at the Lee County Detention Center.
Jones said it costs $33 daily to house inmates at the center. The cities of Auburn and Opelika have detainment agreements with the county. “With the prospect of a possible increase of violators, it might take longer now,” Jones said.
Treese believes the most significant impact on local law enforcement will be the cost of added detainments and prosecution.
Jones said detainment of illegal immigrants is nothing new for his agency, noting law enforcement has been detaining suspected violators for ICE before the law was enacted. Dothan has the same policy.
Jones said law enforcement will continue to handle detainment and transfer of suspected illegal immigrants much as it had in the past.
“This made it a state involvement instead of strictly federal,” Jones said of the new law. “Technically, we were already doing something along these lines.”
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