County disagrees with ACLU opinion on ICE agents in jails

An ACLU attorney whose opinion on ICE agents operating within the county jail complex was shredded by a Pima County staff attorney has dismissed the counter opinion as “political” and non-binding.

American Civil Liberties Union lawyer Billy Peard argued in a May 7 memo that the Pima County Board of Supervisors can legally bar U.S. Immigration and Customs Enforcement agents from operating within the county jail.

Peard’s memo stated that the county could be held liable for jail operations deemed as “tortious acts committed by its sheriff.”

Under this tort — a wrongful act or infringement of a civil right — the board can control how the sheriff operates a county jail and can impede ICE operations, Peard said.

Peard said there are board members who would like to remove ICE from the county jail, and they “can take action if they deem it desirable to do so.”

Read the entire Green Valley News and Sun article here. Originally published on July 6, 2018.


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