JP Beth Coger Talks Justice Reform for the Marshallese in Washington County

Riit ilo Kajin Majol: Bwebwenato ippān JP Beth Coger kōn an jerbal ilo Quorum Court

In Arkansas, each county has a Quorum Court to govern the finances and laws of the county.  The number of Quorum Court members is based on the size or population of the county.  The Quorum Court for Washington County has 15 members who are called Justices of the Peace.  However, the Quorum Court is a legislative body.  They vote on and pass laws for the county and oversee how tax money is used by the county.  It’s like a City Council or Board of Commissioners.  Even though they are called Justices of the Peace, and they do perform marriages, their job is that of a county board member.  

JP Beth Coger explained how she first became interested in county government.  She attended a Quorum Court meeting in 2019 and spoke during the public comment period against a $48 million jail expansion proposed by the Sheriff.  At this meeting, she met Sarah Moore who is the executive director of the non-profit Arkansas Justice Reform Coalition.  

AJRC works to end mass incarceration (excessive policing and jailing).  They regularly host record sealing clinics. Past criminal charges, any misdemeanor charge and some felony charges, can be hidden from public view.  When a person with a past arrest applies for a job, an apartment, or a school program, past arrests or charges cannot be seen and counted against them.  Police can still see past charges and arrests but they must have a reason (or warrant) to look up these records.

At the past two meetings, the Quorum Court has voted on Ordinance 9 to recognize federal funds through the SCAAP grant.  The State Criminal Alien Assistance Program is a U.S. federal program which reimburses states for the costs of jailing undocumented immigrants with at least one felony or two misdemeanor convictions for at least four days.  

JP Beth Coger and three other justices opposed (voted against) SCAAP however 10 justices voted to approve it, including JP Lisa Ecke.  Two years ago, Michael Mapa, who grew up in both Ebeye and Springdale, ran to represent District 6 but Ecke was re-elected again and she voted with the other justices to use the money from the SCAAP grant.

The information provided through SCAAP to the Department of Justice can then be used by ICE to locate and deport “criminal aliens.”  Last year, the SCAAP grant application had information for 187 arrests and included personal information including names, release dates, and home and work addresses.  Out of 187 names, 109 are Marshallese and 39 Mexican.  The program approved $117,953 to reimburse the cost of policing and jailing these people.   The Quorum Court has voted twice and failed to pass the ordinance to recognize and use these funds.  However, the Court will vote again on the ordinance at the next meeting on February 15.

Earlier in January 2024, 21 Marshallese men were taken by ICE and transported to Louisiana.  These people face potential deportation without legal representation and their families face uncertainty.  JP Coger argues that the county should not be able to apply for SCAAP funds for Marshallese names because the grant says that it provides funds for the expense of jailing undocumented aliens who have no path to citizenship.  Marshallese are not undocumented as they can live and work in the United States with a Marshallese passport under the Compact of Free Association.  While it might be a long and difficult process, Marshallese can become citizens of the United States.  However, the Compact does not protect Marshallese from possible deportation.  They can be sent back to the Marshall Islands for repeat misdemeanors and felonies deemed crimes of “moral turpitude”, crimes like drug possession and driving drunk.  

Before, through the 287(g) program, there were ICE agents working inside Washington County jails.  The former Marshallese Consul General and others advocated that Washington County stop participating in 287(g).  Though the sheriff announced that they were ending 287(g) in 2020, he warned that we could see even more deportations even without ICE in the jails.

JP Coger suggested that the Marshallese could file a class action lawsuit (sue for damages as a group).  She also encouraged any one with past arrests to have their records sealed.  There are Spanish and Marshallese interpreters at the record sealing clinics organized by AJRC.  She also asked that any and all Marshallese come to the Quorum Court meeting in February and tell the court how their life has been disrupted and damaged by the county’s participation in programs like SCAAP.