Thursday, November 16, 2017

What did they agree to?

Mitch Landrieu and Chief Michael Harrison had a meeting with Attorney General (for now) Jeff Sessions today about New Orleans's status as a so-called "Sanctuary City." Cedric Richmond was supposed to be there. But something happened that we aren't clear about.
The stage was set Wednesday for continued discord when the mayor's office issued a statement saying there was a dispute over who Sessions and Kennedy would allow to take part in the next morning's meeting. The mayor wanted Congressman Cedric Richmond, NOPD Superintendent Michael Harrison and City Attorney Rebecca Dietz to join him in the discussion. Sessions' office had said Richmond could not attend, and either Harrison or Dietz -- not both -- could join.

According to the mayor's communications, Richmond could not reschedule a conflicting event and did not take part, but Harrison and Dietz joined the mayor.
Both versions of why Cedric wasn't there come from the mayor's office. I guess they can both be true. But it's unclear what happened.  Also unclear, what exactly was agreed to at this meeting. 
"We are pleased that the attorney general and Senator Kennedy have come around to agreeing with the point we have made all along -- New Orleans is not a 'sanctuary city' and the NOPD's policies have maintained consistent compliance ..." Landrieu said in a statement.

Asked for comment after the meeting, Sessions' office issued a statement saying New Orleans "has committed to sharing information with federal law enforcement authorities ..."
One way to interpret this is Mitch and Harrison agreed to rat out to ICE any undocumented immigrants they detain. Another way to see it is Sessions agreed that the terms of the NOPD consent decree dictated their current policy anyway so there is really no way to say they aren't in compliance with the law.
Landrieu and NOPD Superintendent Michael Harrison have repeatedly contended the department's policies adhere to the letter of the law. Harrison has also argued that going any further would risk alienating immigrants in the city, discouraging victims from reporting crimes and making witnesses more reluctant to come forward.

The policy is required by a sweeping federal court consent decree that oversees the police department. The consent decree was negotiated with the Justice Department, but during President Barack Obama's administration.

A federal Justice Department spokesman, Devin O'Malley, indicated that as of Thursday, the agency no longer considers NOPD's policies at odds with federal law.
But it could also be both. They city could be perfectly willing to inform on immigrants to the feds without actually holding them.  That, both sides agreed, is Marlin Gusman's job. Which is a convenient thing for all of them to say because Gusman wasn't there.
Sessions, according to Kennedy, requested the city notify federal immigration agents at least 48 hours before releasing any arrested undocumented immigrants from jail, and also asked that agents be allowed to interview inmates while in custody.

Both those requests appeared to apply to the Orleans Parish jail, a facility run by the independent Orleans Parish Sheriff's Office, which is covered by a separate federal consent decree. Sheriff Marlin Gusman was not included in Thursday's meeting.
And, as the story here strongly implies, Gusman's policy may also be in compliance with the dictates of a consent decree. But that isn't explicitly clear.  Anyway this may or may not get Sessions off the city's back. It probably won't satisfy John Kennedy and Jeff Landry, though.  Not with a Governor's election looming in 2019. Which is a lot closer than you might think.

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