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New Orleans Police Department Superintendent Anne Kirkpatrick made waves earlier this week when she stated illegal immigration by foreign nationals in the U.S. is a "civil issue" and that therefore her agency will not enforce certain immigration laws — but would respond when ensuring public safety and that those involved in a federal operation are "not going to get hurt."
Kirkpatrick made the remarks at a press conference marking the end of a 15-year consent decree between the city and federal government, after then-Mayor Mitch Landrieu invited the Obama Justice Department to probe the agency for alleged "pattern or practice" of civil rights-related misconduct.
During press questions, Kirkpatrick responded to one reporter by saying that to "be in the country undocumented is (a) civil issue."
"We will not enforce civil law, and so our support is to make sure they're not going to get hurt and our community is not in danger," Kirkpatrick said.
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"Am I expecting them to come?" she said. "Yes I'm expecting them to come. But can I tell you they're coming Friday? No, I can't tell you that."
"If they call for help because they say they're going to be hurt. We are going to be there in order to help anyone in danger. We are not enforcing — because we can't."
Kirkpatrick’s comments swiftly went viral on social media, with critics — largely from the right — lambasting her for claiming her agency cannot enforce certain immigration laws.
Commentator Chaya Raichik, better known as "LibsOfTikTok," also responded to the superintendent's comments.
"Anne Kirkpatrick... says that illegally invading the U.S. is a ‘civil issue’ and her police force ‘will not enforce the law.’"
"Illegally invading the country is a crime. This is who is in charge of the police."
"This is Law Enforcement 101. Every American knows this," conservative commentator David Harris Jr. tweeted separately.
Florida journalist Eric Daugherty responded to a clip of Kirkpatrick, writing: "False. It is a crime."
"How can you be the leader of a major police force and not know this? Arrest and deport. No exceptions," Daugherty said.
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Louisiana Republican Attorney General Liz Murrill commented below Daugherty’s message saying that she spoke directly to Kirkpatrick about her comments.
"It is a state crime to obstruct ICE and federal immigration enforcement. Law enforcement should enforce the law," Murrill said.
In response to Murrill, several other critics reamed Kirkpatrick for being in charge of the New Orleans Police Department the night a man mowed down revelers ahead of the Sugar Bowl on New Year's Day, suggesting there were preventative measures on Bourbon Street, including installation of bollards and hardened temporary infrastructure that were missed.
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Other critics cited 8 U.S. Code 1325, which criminalizes "improper entry by (an) alien." That section describes how it is a criminal act to elude immigration inspection, provide false documentation or enter the U.S. illegally outside a port of entry.
Kirkpatrick’s reference to civil law referenced the fact there is a section in the code under the Immigration & Naturalization Act that says being unlawfully present in the U.S. for a visa overstay or other infraction is indeed civil, not criminal.
"Inadmissible aliens," as described in law, also can face civil removal proceedings under 8 USC 1227 and 8 USC 1182.
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In a separate statement, Murrill said she fully expects "all law enforcement and local officials will not obstruct federal authorities and will enforce state law to protect people and property."
"I support ICE operations that ensure violent criminals are removed and ensure legal immigration policies are respected and followed," she added.
Fox News Digital reached out to the New Orleans Police Department for comment.
An official who picked up the phone indicated they would seek out the proper official to pass along any comment, but the inquiry was not returned.
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