New Orleans Police Superintendent Anne Kirkpatrick ignited a national debate this week with a stark declaration: her department will not enforce certain immigration laws, characterizing violations as “civil issues.” This announcement came during a press conference celebrating the end of a fifteen-year federal consent decree overseeing the department’s practices.
The consent decree stemmed from a 2012 investigation initiated by then-Mayor Mitch Landrieu, inviting the Obama Justice Department to examine allegations of civil rights misconduct within the NOPD. Kirkpatrick’s comments arose during a question-and-answer session following the announcement, revealing a clear policy regarding undocumented individuals.
“To be in the country undocumented is (a) civil issue,” Kirkpatrick stated plainly. Her focus, she emphasized, would be on public safety and ensuring the well-being of all residents, regardless of immigration status. She affirmed her officers would respond to calls for help, protecting anyone in danger, but would not actively pursue civil law enforcement.
Kirkpatrick acknowledged the possibility of increased immigration activity, stating she anticipated individuals would come to New Orleans, but could not predict when. This stance immediately drew sharp criticism, particularly from conservative commentators who argued that illegal entry into the U.S. is, unequivocally, a crime.
Commentators swiftly condemned Kirkpatrick’s position, asserting that a fundamental duty of law enforcement is to uphold all laws, including immigration statutes. The debate quickly escalated, with some questioning her understanding of basic law enforcement principles.
Louisiana’s Attorney General, Liz Murrill, directly addressed Kirkpatrick, reminding her that obstructing federal immigration enforcement is a state crime. Murrill insisted that law enforcement agencies have a responsibility to enforce the law and protect both people and property.
Critics also pointed to 8 U.S. Code 1325, which explicitly criminalizes improper entry into the United States, including evading inspection, providing false documents, or entering illegally outside designated ports of entry. The legal complexities surrounding immigration law were brought to the forefront of the discussion.
Kirkpatrick clarified her position by referencing a section of the Immigration & Naturalization Act that defines being unlawfully present in the U.S. due to a visa overstay as a civil, rather than criminal, offense. She also noted the existence of civil removal proceedings for “inadmissible aliens.”
Attorney General Murrill issued a statement reaffirming her expectation that all law enforcement officials will cooperate with federal authorities and enforce state law. She expressed strong support for ICE operations aimed at removing violent criminals and upholding legal immigration policies.
Requests for comment from the New Orleans Police Department went unanswered, leaving many questions surrounding the long-term implications of Kirkpatrick’s policy and its potential impact on the city’s relationship with federal immigration authorities.
The controversy also resurfaced past criticisms of the NOPD, with some commentators referencing a New Year’s Day incident where a man drove through a crowd of revelers, questioning whether preventative security measures had been overlooked. This added another layer of scrutiny to Kirkpatrick’s leadership and the department’s priorities.
The debate highlights a growing tension between local law enforcement priorities and federal immigration policy, raising fundamental questions about the role of police in enforcing immigration laws and the balance between public safety and civil liberties.
