New Orleans Adopts A Non-Cooperation Policy

The City of New Orleans issued a policy in which the city would no longer detain noncitizens who are suspected of being in the U.S. without lawful authorization. (Here’s the article from the NY Times). Under its non-cooperation policy, the city will refuse requests from the federal government to detain a noncitizen pending his or her transfer to federal custody, except if the noncitizen is being held for felony charges. The policy also requires ICE to notify the detainee’s lawyer prior to speaking to the detainee. Indeed, the policy requires ICE agents to obtain a warrant or a court order prior to entering the jail.

The policy emerged as part of a settlement of a lawsuit against the city by two noncitizens who were detained for several months long after their detainers had expired. Notably, because the policy is part of a consent decree, the policy is binding.  Thus, this policy is different from the other non-cooperation policies adopted in New York, Chicago and other cities.

RCV