County won’t hold undocumented residents jailed for minor crimes beyond their sentences

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Updated: November 9, 2011 12:51PM

Suspected illegal immigrants jailed in Cook County on minor charges will no longer be turned over to immigration authorities for possible deportation.

An ordinance passed on a 10-5 vote Wednesday by Cook County commissioners says suspected illegal immigrants at Cook County Jail on unrelated misdemeanor charges can now go free after serving their sentences, having the charges against them dropped or posting bond in the case.

In the past, undocumented residents could be held for an additional 48 hours at the request of federal immigration authorities, who could then initiate deportation proceedings. But following a recent ruling by a federal court in Indiana, the Cook County State’s Attorney issued an opinion that the so-called Immigration and Customs Enforcement detainers should simply be considered requests, not warrants mandating arrests.

Later Wednesday night, the new law led officials to prepare for release four inmates — of 289 suspected undocumented residents currently in the Cook County Jail — who under the old policy would have been held.

“This is a historic day,” said Alie Kabba, president of the Illinois Coalition for Immigrant and Refugee Rights, who stood next to Jesus Garcia, a southwest Side Democrat who championed the measure, at a news conference following the vote.