Immigration Holds Challenged After Local Arrest

When Antonio Montejano, 40, and a U.S. citizen, was arrested in Santa Monica for allegedly shoplifting a $10 bottle of perfume and candy his kids had eaten while shopping, the American Civil Liberties Union said he ended up spending four days behind bars, despite a judge's order to release him.

Montejano said he had purchased about $600 in other items during the same shopping trip and simply missed the perfume and candy. The ACLU said he was not set free until it sent over his passport and birth certificate.

Now, a county supervisor is suggesting that Sheriff Lee Baca and District Attorney Steve Cooley need to do more to ensure that American citizens are not held without bail because of confusion about their immigration status.

Supervisor Gloria Molina's remarks, during a public hearing of the Board of Supervisors on Tuesday, were prompted by an ACLU report last week that U.S. citizens were denied their rights because they were mistakenly identified by a federal database as illegal immigrants.

Four of the cases cited were in Southern California, including Montejano's case in Santa Monica.

The ACLU has called for an end to the Department of Homeland Security's Secure Communities program, which uses fingerprint analysis to identify—and typically deport—illegal immigrants in local jails.

"It's hard for me to understand how and why the sheriff defers to [Immigration and Customs Enforcement] when someone claims to be an American citizen and has documents to prove it," Molina said.

ICE says the federal database has helped the agency identify and deport more than 110,000 immigrants convicted of crimes, including more than 39,500 convicted of aggravated felony offenses, such as murder, rape and sexual abuse of children.

Obama administration officials have said the program is meant to target serious criminals and immigration officials have made clear that the program is not intended to detain U.S. citizens. They also say it has reduced the number of non-criminal deportations.

But opponents, including the ACLU, charge the federal program results in racial profiling and civil rights violations.

Molina asked that Baca, Cooley and Public Defender Ron Brown develop a local protocol to immediately investigate any claim of citizenship by an inmate on an immigration hold and report back to the board in writing by Jan. 30.

"Right now, it seems like everyone is passing the buck," Molina said.

The detainer form ICE issues to local jurisdictions has been changed to emphasize that local authorities are not to detain an individual for more than 48 hours, according to the ICE website. The form also requires local law enforcement to provide arrestees with a copy of the form, which has a number to call if they believe their civil rights have been violated.