Cook County inserted itself in the middle of the immigration debate when the Cook County Board passed what will certainly become a controversial ordinance that will reverberate throughout the United States. In a largely party line vote, the Cook County Board passed a controversial ordinance that will require the federal government to pay for any detainee held for Immigration and Customs Enforcement “detainer.” The vote was eleven yes, 5 no, and two abstaining. The four Republicans, all from the North and Northwest Suburbs, Pete Slivestri, Liz Gorman, Tim Schneider, and Gregg Goslin all voted against the measure. All the Democrats voted for the measure except for John Daley. Daley, who’s more famous siblings include former Chicago Mayor Richard Daley and current White House Chief of Staff William Daley, said after that he agreed in spirit with the measure but was concerned about several logistical issues including the fact that the Cook County Sheriff’s Office wouldn’t weigh in on the measure.
The Sheriff’s Department’s lack of position on the measure was one of several controversies of a debate that lasted about an hour, often became contentious and passionate, and caused the scheduled press conference to be delayed by nearly an hour.
ICE detainers are administrative holds that ICE puts on prisoners who are held in municipal prisons that are due to be released, but have been determined by ICE to be in violation of immigration law. Often these holds are for 48 more business hours beyond the prisoner’s prison term.
According to the ordinance, holding these detainees costs Cook County $43,000 daily or about $15 million yearly. Cook County recently released its budget projections for 2012 with a budget deficit of about $315 million. Some of the numbers are dubious however. According to Cook County President Toni Preckwinkle, a supporter of the ordinance, it costs Cook County $143 daily to house an inmate. According to the Cook County Sheriff’s Office, 280 inmates have been identified as having immigration violations. The Office said that most of those still haven’t had their criminal cases adjudicated. Even if all 275 inmates were calculated, it would only cost the County $36,850 daily.
The debate came down to an esoteric debate over whether or not the ICE detainer requests amount to a warrant or simply an administrative request. Pat Driscoll, Assistant Cook County State’s Attorney, said the latest opinion by the office of Cook County State’s Attorney Anita Alvarez determined that this was nothing more than a request. Driscoll said the office cited a recent Federal District Court ruling in Indiana, which also determined such a request merely a civil request, as its reasoning.
By making this determination, the Cook County State’s Attorney’s Office said it has determined that their counterparts in the Sheriff’s Office aren’t forced to hold these inmates for ICE.
In fact, Commissioner John Fritchey, a supporter of the ordinance, took it a step further. He said, “The Sheriff doesn’t need Commission action.” Fritchey argued that using the opinion of the Cook County State’s Attorney, the Sheriff’s Office could unilaterally refuse to hand over these detainees and this vote wasn’t necessary.
The opinions from the Commission were varied and passionate. Tim Schneider, a fierce opponent of the ordinance, said, “this ordinance is a monumental mistake,” continuing, “people involved in sex trafficking will be released back into our communities.”
Jesus Garcia, the main sponsor of the bill, asked rhetorically of the ordinance, “Whether we will engage in lawful detention in Cook County.”
Commissioner Larry Suffredin framed the issue as a Constitutional and moral matter saying, “what we are doing is righting a wrong of the people of Cook County.”
Meanwhile, Pete Silvestri, who opposed the bill said, “This country will never be at peace until we resolve the immigration issue.” Silvestri said this bill would, “put a band aid,” on the immigration problem and blamed Democrats and Republicans in the US Congress for a failure for significant immigration reform.
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I don’t knopw how these county commissioners get away with violating federal law? Federal immigration law supercedes all state, city or local jurisdictions. That why it is called the Supreme Law of the land.
Also, these public servants need to study the law that they are so ignorant of.
Perhaps if they knew the consequences of their actions, they wouldn’t be so quick to act on this witless legislation.
If they think $43,000 per day is a lot of money, what are they going to think when they get sued for millions by a victim who incurred harm from an illegal alien. Under the Immigration and Nationality Act of 1996 – Section 274 They can be sued personally as well as cumulatively along with their jurisdiction for being accessories to the crime.