BUILDING TRUST WITH COMMUNITIES, UPHOLDING DUE PROCESS SUPERVISING ATTORNEY IMMIGRANT LEGAL RESOURCE CENTER SEPTEMBER 2015

Transcription

1 BUILDING TRUST WITH COMMUNITIES, UPHOLDING DUE PROCESS PRESENTED BY: ANGIE JUNCK, SUPERVISING ATTORNEY IMMIGRANT LEGAL RESOURCE CENTER SEPTEMBER 2015

2 OVERVIEW 1. S-COMM v. PEP 2. Alameda County Jail Policy 3. Community Trust & Other Policy Concerns

3 The Immigration Enforcement Landscape Today

4 S-COMM TO PEP-COMM The S-Comm program has been rebranded. S-Comm will now be called the Priority Enforcement Program or PEP Immigrant Legal Resource Center

5 SCOMM TO PEPCOMM WHAT CHANGED? Exact same process except at the very end the detainer. ICE Detainer = Request for Notification of Release Date instead of Hold Request 2015 Immigrant Legal Resource Center 5

6 6 S-COMM TO PEP-COMM So fingerprints will still be shared with ICE under PEP? YES ICE Notification Local Law Enforcement State Identification Bureau State Criminal Background Check FBI (CJIS Database) Federal criminal background check No Match DHS (IDENT Database) Match: Undocumented or LPR S-Comm Civil Immigration Background Check 2015 Immigrant Legal Resource Center

7 REQUESTS FOR NOTIFICATION ICE created separate requests for notification of release dates. Requests for notification of release date Have long been part of ICE holds & immigration enforcement and a regular part of the Criminal Alien Program Will now become policy everywhere ICE claims that these requests will only be for those who fall within certain enforcement priorities NOT MANDATORY 2015 Immigrant Legal Resource Center 7

8 Notifications and detainers serve the same function: to help ICE apprehend someone from jail.

9 NEW ENFORCEMENT PRIORITIES Priority Level 1: Have been convicted of a felony or an aggravated felony Have been convicted of an offense with an element of participation in a criminal street gang, or intentionally participated in an organized criminal gang Have been involved in or are suspected of terrorism or terrorism, or otherwise pose a danger to national security Are apprehended at a border or port of entry attempting to enter unlawfully Priority Level 2: Have been convicted of a significant misdemeanor (e.g. DV, DUIs) or three or more non-significant misdemeanors Entered or reentered the U.S. unlawfully and cannot establish continuous physical presence since January 1, 2014 Have significantly abused the visa or visa waiver programs Priority Level 3: Have a deportation order issued since January 1, Immigrant Legal Resource Center 9

10 What Has Not Changed? S-Comm Fingerprints still shared PEP-Comm Some Detainers still issued (with slightly different purpose) Notification requests CAP (Criminal Alien Program) ICE agents will continue in jails, accessing jail info including booking sheets, etc. Information sharing 2015 Immigrant Legal Resource Center 10

11 Criminal Alien Program DETAINERS ICE INFORMATION The Criminal Alien Program includes all kinds of operations to share information and apprehend immigrants from state, local, and federal 2015 Immigrant jails. Legal Resource Center 11

12 PROBLEMS WITH PEP & ICE ACCOUNTABILTY ICE will continue to issue detainers not in compliance with the Fourth Amendment. Notifications still pose constitutional concerns. Any over detention as a result of of a notification will result in a constitutional violation. There already have been violations like this across the state. In custody transfers to ICE may also pose legal problems Immigrant Legal Resource Center 12

13 PROBLEMS WITH PEP & ICE ACCOUNTABILTY Enforcement priorities are overbroad and in practice and there is a major question about whether they are even being followed. There are no mechanisms within ICE to ensure accountability Immigrant Legal Resource Center 13

14 14 CHANGES TO ALAMEDA COUNTY JAIL POLICY Consideration & Possible Inquiry into Imm Status Lack of immigration documentation, alone, shall have no bearing on the manner in which staff executes their duties. When [ACSO] personnel encounter perceived immigration law violations, members shall be guided by the options set forth in this Order A deputy s suspicion about any person s immigration status shall not be used as the sole basis to initiate contact, detain, or arrest 2015 Immigrant Legal Resource Center

15 15 CHANGES TO ALAMEDA COUNTY JAIL POLICY Responding to ICE Notification Requests [I]f ICE asks for information about an individual that we would otherwise share with other law enforcement agencies The Sheriff s office shall share this information with ICE. Affirmatively Notifying ICE Further, the Sheriff s Office may also inform ICE about the release of aliens, even if ICE has not made a formal Request for Notification, where the Sheriff s Office believes the individual(s) pose significant public safety concerns Immigrant Legal Resource Center

16 COMMUNITY TRUST & OTHER POLICY CONCERNS

17 17 DISPARATE TREATMENT OF IMMIGRANTS Higher Immigration is Associated with Lower Crime Rates Between 1990 and 2013, the foreign-born share of the U.S. population grew from 7.9 percent to 13.1 percent and the number of unauthorized immigrants more than tripled from 3.5 million to 11.2 million. During the same period, FBI data indicate that the violent crime rate declined 48 percent. Likewise, the property crime rate fell 41 percent, including declining rates of motor vehicle theft, larceny/robbery, and burglary Immigrant Legal Resource Center

18 18 DISPARATE TREATMENT OF IMMIGRANTS Immigrants are less likely to be behind bars than native born. Roughly 1.6 percent of immigrant males age are incarcerated, compared to 3.3 percent of the native-born. Once immigrants do their time in local custody, they are subject to second punishment through the deportation system, a system devoid of due process. No right to government appointed lawyer, judges have limited discretion, subject to detention Family separation 2015 Immigrant Legal Resource Center

19 COMMUNITY TRUST Working with ICE undermines trust in Local law enforcement Making us all less safe

20 Thank you!