Current Civil Detainer Policy. I am in complete opposition to the activities of ICE. Sincerely, Jean Staats. From: To: Subject: Date:

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Bathsheba Cori Wood
5 years ago
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1 From: To: Subject: Date: BoardOperations Please Retain Current "Civil Detainer" Policy Monday, April 8, :01:31 PM Dear Board of Supervisors, I am a Sunnyvale resident and have great respect for the Immigrants that personally know and therefore ask you not to alter in any way the: Current Civil Detainer Policy. I am in complete opposition to the activities of ICE. Sincerely, Jean Staats

2 From: To: Wasserman, Mike; Chavez, Cindy; Cortese, Dave; Ellenberg, Supervisor; Simitian, Joe; BoardOperations Subject: Board Policy 3.54, Agenda item #8, Tuesday, April 9th 2019 Date: Monday, April 8, :07:32 PM Santa Clara County Supervisors Wasserman, Chavez, Cortese, Ellenberg, and Board President Simitian, Javier Becerra, California Attorney General, said, In America, no one is above the law in regard to President Trumps proposed border emergency declaration. While in Santa Clara County, California we appear to be operating on a regular basis "above the law." The circumstances of Bambi Larson s murder should never have been allowed to happen here. Santa Clara County has been negligent in its fiduciary duties to its ALL citizens with regard to public safety and its mismanagement of undocumented convicted felons and federal or state immigration law. In America, no one is above the law, is that California law or U.S. Federal law? Is the law applied and upheld? SB 54 and the California Values Act: A Guide for Criminal DefendersFebruary 2018 "Local law enforcement agencies are prohibited from arresting people for the federal criminal offense of unlawful reentry under 8 U.S.C. 1326(a), unless reentry is detected during an unrelated law enforcement activity and the person was previously convicted of a state or federal offense that meets the immigration definition of an aggravated felony. Crimes The immigration statute designates certain types of crimes as aggravated felonies. See INA 101(a)(43), 8 USC 1101(a)(43). These are the most dangerous type of convictions for a noncitizen. Despite the name, this definition reaches offenses that are neither felonies nor aggravated. It can include selling $10 worth of marijuana, a misdemeanor shoplifting offense with a one-year suspended sentence, or failure to appear at a criminal hearing. The person must be convicted of the offense, not merely commit it, for aggravated felony penalties to apply. Because so many offenses are unexpectedly classed as aggravated

3 felonies, advocates need to examine each offense carefully to make sure that it is not an aggravated felony. See the alphabetical list of offenses at the end of this Advisory, and look up individual offenses on the California Crim/Imm Chart at The following is a list of the aggravated felony offenses listed in INA 101(a)(43), arranged in alphabetical order. The capital letter following the offense refers to the subsection of 101(a)(43) where the offense appears. Aggravated Felonies under INA 101(a)(43) (displayed alphabetically; statute subsection noted after category) alien smuggling- smuggling, harboring, or transporting of aliens except for a first offense in which the person smuggled was the parent, spouse or child. (N) attempt to commit an aggravated felony (U) bribery of a witness- if the term of imprisonment is at least one year. (S) burglary- if the term of imprisonment is at least one year. (G) child pornography- (I) commercial bribery- if the term of imprisonment is at least one year. (R) conspiracy to commit an aggravated felony (U) counterfeiting- if the term of imprisonment is at least one year. (R) crime of violence as defined under 18 USC 16 resulting in a term of at least one year imprisonment, if it was not a purely political offense. (F) destructive devices- trafficing in destructive devices such as bombs or grenades. drug offenses- any offense generally considered to be drug trafficking, plus cited federal drug offenses and analogous felony state offenses. (B) failure to appear- to serve a sentence if the underlying offense is punishable by a term of 5 years, or to face charges if the underlying

4 sentence is punishable by 2 years. (Q and T) false documents- using or creating false documents, if the term of imprisonment is at least twelve months, except for the first offense which was committed for the purpose of aiding the person s spouse, child or parent. (P) firearms- trafficking in firearms, plus several federal crimes relating to firearms and state analogues. (C) forgery- if the term of imprisonment is at least one year. (R) fraud or deceit offense if the loss to the victim exceeds $10,000. (M) illegal re-entry after deportation or removal for conviction of an aggravated felony (O) money laundering- money laundering and monetary transactions from illegally derived funds if the amount of funds exceeds $10,000, and offenses such as fraud and tax evasion if the amount exceeds $10,000. (D) murder- (A) national defense- offenses relating to the national defense, such as gathering or transmitting national defense information or disclosure of classified information. (L) (i) obstruction of justice if the term of imprisonment is at least one year. (S) perjury or subornation of perjury- if the term of imprisonment is at least one year. (S) prostitution- offenses such as running a prostitution business. (K) ransom demand- offense relating to the demand for or receipt of ransom. (H) rape- (A) receipt of stolen property if the term of imprisonment is at least one

5 year (G) revealing identity of undercover agent- (L)(ii) RICO offenses- if the offense is punishable with a one-year sentence. (J) sabotage- (L)(i) sexual abuse of a minor- (A) slavery- offenses relating to peonage, slavery and involuntary servitude. (K)(iii) tax evasion if the loss to the government exceeds $10,000 (M) theft- if the term of imprisonment is at least one year. (G) trafficking in vehicles with altered identification numbers if the term of imprisonment is at least one year. (R) treason- federal offenses relating to national defense, treason (L) RECOMMENDED ACTION Approve referral to County Counsel to return to the Board with amendments to Board Policy 3.54 to replace outdated provisions regarding civil detainers with appropriate references to state law; reaffirm existing policy that the County will honor all judicial warrants obtained by U.S. Immigration and Customs Enforcement (ICE); and allow for notification of release of those in our custody who have been convicted of having committed serious and violent felonies as defined by state law. (Wasserman) REASONS FOR RECOMMENDATION In the wake of the tragic death of Bambi Larson, many in our community have raised questions about the County s policies related to cooperation with U.S. Immigration and Customs Enforcement (ICE). The County s current policy does not reflect recent changes to state law and rulings from federal courts about the U.S. Constitution, both of which completely prohibit the County from honoring detainer requests from ICE. The County currently does and has always honored judicial warrants from ICE and other federal, state, and local law enforcement agencies. Judicial warrants allow

6 the County to directly transfer an individual to ICE in handcuffs. This referral asks County Counsel to update the County s current policy to reflect the current law on detainer requests, to reaffirm that the County has and will honor all judicial warrants, and to allow notification to ICE of those individuals who have been convicted of serious or violent felonies as defined by state law. I am in favor of this recommended action. I suggest that it goes one step further to include all Aggravated Felonies under INA 101(a)(43). Back in 2013 and 2015, there was support to notify ICE regarding these particular convicted serious or violent felons. I think this is common sense and would better ensure public safety while honoring the Constitution and state law. We can get it done now. Please make the recommended changes in SCC policy. Stop protecting victimizers and protect ALL - regardless of immigration status or political agenda in our community. Respectfully, Brenda Dohmen

7 From: To: BoardOperations Subject: 4/9 Agenda, Item 8 - Support Supervisor Wasserman"s changes to Board Policy 3.54 Date: Monday, April 8, :58:46 PM This is a great start for doing the right thing for the whole county! Sorry I don't know who is Mr. Wasserman; but I feel that this person is very responsible and truly cares about the people in the community, please give your support! -Tony

Evolution of the Definition of Aggravated Felony

Evolution of the Definition of Aggravated Felony By Norton Tooby & Joseph Justin Rollin The Anti-Drug Abuse Act of 1988 (ADAA) first created a new category of deportable criminal offenses known as aggravated