Shelby County Jail Exempt From State Immigration Law
FAST FACTS:
  • In January a new law goes into effect that changes how jailers investigate illegal immigrants
  • The Shelby County Sheriff's Department is exempt from the new law
  • For the last five years, the county has been addressing the problem

(Memphis 7/9/2010) A new law that changes how jailers investigate illegal immigrants suspected of committing crimes goes into effect in January, but it won't have an impact on what's being done at the Shelby County Jail.

That's because the sheriff's department is already addressing the problem.

For the last five years, every person booked into the Shelby County Jail, no matter their race or gender, is asked the same three questions regarding their immigration status.


Sign Up For ALERTS From Us

"Where they were born, if they are citizens and if they claim dual citizenship," said Sheriff Mark Luttrell.

Sheriff Mark Luttrell says based on the answers to those questions, they determine whether they need to contact Immigration Customs Enforcement or ICE.

Luttrell says it's a program that prevents racial profiling and helps them avoid the problems facing other communities.

"What you are seeing across the U.S. is the lack of clear guidance from the federal government about how to handle immigration cases," said Sheriff Luttrell.

A new Tennessee law will require all jailers in the state to do research to determine if inmates are in the country illegally.

However, since Shelby County already has a program in place, it's exempt.

A high tech fingerprinting system could also make laws like Tennessee's unnecessary.

Last month, Shelby County began using ICE's Secure Communities System which scans an inmates fingerprints to determine both their criminal history and immigration status.

"It's a more highly automated system. It gets us a response much quicker," said Sheriff Luttrell.

Last year, more than 52,000 people were booked into the county jail. Of those, nearly 900 were referred to ICE and 16 were actually put on a list for possible deportation.

The sheriff says if more departments would take advantage of the programs provided, it would go a long way to addressing the problem of illegal immigrants committing crimes.

The new law in Tennessee takes effect January 1, 2011.

Opponents say it encourages racial profiling and could create a bad environment for minority groups.