When you’re right, you’re right.
As much as we take issue with the Garfield County sheriff’s interpretation of a state law about reporting suspected illegal immigrants, the sheriff is correct about one thing.
With the federal government’sof a key immigration enforcement program in Colorado this week, the issue is moot.
The controversy that recently has erupted revolves around Sheriff Lou Vallario’s practice of notifying immigration authorities when a suspected illegal immigrant is in custody.
To be sure, that is what Colorado statutes require him to do. The part that has raised hackles is Vallario’s practice of doing so even when someone is booked on domestic violence charges.
State law requiring notification makes an exception for domestic violence cases. The exception applies until conviction. Vallario has taken the exception to mean reporting domestic violence arrestees is optional, and he opts to report them all to U.S. Immigration and Customs Enforcement.
We understand his contention that not reporting domestic violence arresstees immediately could mean a lot of work. He then would have to track their cases and report to ICE after a conviction. But it’s already hard enough for victims of domestic violence to come forward without having to worry about deportation in the event their abusers make counter-accusations.
Yet, with the full implementation of Secure Communities throughout Colorado, the sheriff is correct that it no longer matters. Federal authorities will screen everyone who is arrested and booked. Those who are not here legally may or may not be deported depending upon their criminal background.
Much has been made of the clause that then-Gov. Bill Ritter inserted into the the state signed last year with the federal government.
Some may believe the caveat meant the feds would adhere to the state’s law about when to conduct immigration checks on people facing domestic violence charges.
That’s not the case. Colorado’s agreement has the federal government acknowledging the state law, but says nothing about following it.
The bottom line is that Secure Communities, illegal immigrants with serious criminal records, is an information-sharing agreement between the FBI and the Department of Homeland Security.
When a local law enforcement agency submits fingerprints from arrestees to the main national criminal database along with other arrest information, the FBI shares that information with DHS. The locals have no say in the matter.
The Garfield sheriff, who is given to salty language and at the American Civil Liberties Union, makes for an inviting target for immigration activists. But at this point, they’ve got little left to argue with him about.
