PREPARED FOR: Breaking ICE s Hold. Presented by: Angela Chan Senior Staff Attorney and Policy Director Advancing Justice Asian Law Caucus

Transcription

1 PREPARED FOR: Breaking ICE s Hold Presented by: Angela Chan Senior Staff Attorney and Policy Director Advancing Justice Asian Law Caucus

2 About us Advancing Justice - Asian Law Caucus San Francisco, CA Founded in 1972, Asian Americans Advancing Justice - Asian Law Caucus is the nation s first public interest law office representing the civil and human rights of Asian American and Pacific Islander communities. 2

3 The Problem: Deportation Crisis Under President Obama, an estimated two million immigrants have been deported. This is more than any prior president $18 billion spent on immigration enforcement in FY

4 The Problem: Impact of Deportation Crisis Families Torn Apart: Between 2010 and 2012, about 23% of all deportations or, 204,810 deportations were issued for parents with US citizen children. In 2011, at least 5,100 children were in foster care because parents detained or deported. 4

5 The Problem: How does ICE deport 400,000 per year? With the help of local police as force-multipliers, expanding ICE s presence in jails and on the streets: ICE Access Programs 287(g) program (deputizing local law enforcement for immigration enforcement) Criminal Alien Program (ICE access to jails) Secure Communities Program (fingerprints taken by local law enforcement checked by ICE) 5

6 SECURE COMMUNITIES CRIMINAL ALIEN PROGRAM 287(g) DHS 6

7 S-Comm Program: Police as Force Multipliers Local Law Enforcement State Identification Bureau State Criminal Background Check FBI (CJIS Database) Federal criminal background check ICE Hold: No Match Match: Undocumented or LPR DHS (IDENT Database) S-Comm Civil Immigration Background Check 7

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9 THE CRIMINAL JUSTICE PROCESS If ICE hold has been issued, you can be held on an ICE hold anytime when criminal matter allows release.

10 The Problem: Who have ICE holds been issued on? Nationally, ICE issued almost 1 million ICE hold requests from 2008 to % of the detainers issued by ICE were for individuals without criminal convictions either at the time the detainer was issued or subsequently. For the remaining 22.6% that had a criminal record, only 8.6 percent of the charges were classified as a Level 1 offense. 10

11 ICE will not turn off S-Comm. ICE won t end 287(g). ICE continually expands Criminal Alien Program (CAP). But what if the police refuse to hold people for ICE to pick up? CRIMINAL ALIEN PROGRAM DHS ICE 287(g) SECURE COMMUNITIES

12 The Solution: Dispel Myths about ICE Holds 1. Voluntary 2. Undermines public safety 3. Financial burden 4. Due Process: Not a criminal warrant 5. Limits: Can NOT hold beyond 48 hours, excluding weekends and holidays

13 Stronger Local ICE hold Reform: New Case Law Galarza v. Szalczyk (March 4, 2014) The U.S. Court of Appeals for the Third Circuit held that ICE detainers are voluntary, not mandatory. Therefore, Lehigh County, PA cannot avoid liability for holding an individual who is not deportable for ICE by arguing that detainers are mandatory. Maria Miranda-Olivares v. Clackamas County (April 11, 2014) The federal district court in Portland, Oregon found that ICE holds violate Fourth Amendment against unreasonable search and seizure because they are not signed by a judge and are not based on probable cause finding. The Court held that the County was liable for damages pursuant to 42 U.S.C for choosing to detain Ms. Miranda-Oliveras on an ICE hold. 13

14 Stronger Local ICE hold Reform: Letter to All CA County Counsel and Sheriffs May 2, 2014 County X Re: Recent Federal Court Decision Finding it Unlawful for a Sheriff s Department to Honor ICE Detainer Requests Dear Sheriff/Counsel: We are writing to alert you to an important ruling by a federal court in Oregon, which concluded that detention pursuant to a U.S. Immigration and Customs Enforcement ( ICE ) detainer request violated the Fourth Amendment of the U.S. Constitution. In response to this ruling, and as of the date of this letter, 37 counties and cities in the States of Oregon, Washington, and Colorado have decided to stop holding individuals on ICE detainers to avoid damages liability for complying with such requests. We ask that you follow suit and stop complying with ICE detainers, unless or until such detainers are accompanied by a judicial determination of probable cause to satisfy the requirements of the Fourth Amendment. 14

15 National Impact Currently, about 240 total jurisdictions nationally limiting ICE holds. Source for Map: Immigrant Legal Resource Center, Includes 3 states (CA, CT, and RI), city and county ordinances or resolutions, and large number of recent announcements from Sheriffs who fear liability for unconstitutional detention. Most of these jurisdictions do not respond to any ICE holds. 15

16 The CA TRUST Act 16

17 The Solution: Local and State Coalition Building Beginning in 2010, regional meetings throughout CA on S-Comm. Formation of state coalition in 2011: Immigrant rights, faith, domestic violence service providers, labor Weekly calls with statewide coalition Report back on regional work and statewide coordination Coalition consulted before decisions made on TRUST Act 17

18 The Solution: Statewide Coalition Members Co-Sponsors: Asian Americans Advancing Justice - Asian Law Caucus National Day Laborer Organizing Network California Immigrant Policy Center American Civil Liberties Union Mexican American Legal Defense and Educational Fund Organizational Support American Friends Service Committee s Asian Americans for Civil Rights & Equality Asian Law Alliance Bill of Rights Defense Committee Black Alliance for Just Immigration California Catholic Conference California Communities United Institute California Immigrant Youth Justice Alliance California Partnership to End Domestic Violence California Public Defenders Association California Teachers Association Cal-Islanders Humanitarian Association Canal Alliance Central American Resource Center Central Valley Partnership for Citizenship Centro Legal de la Raza Chico City Council Member Randall Stone Chinese for Affirmative Action Council on American-Islamic Relations Diocese of Orange Dream Team LA East Bay Interfaith Committee for Worker Justice East bay Sanctuary Covenant Filipino Advocates for Justice Fresno Immigrant Youth in Action Fresno Interdenominational Refugee Ministries Graton Day Labor Center Greater Long Beach Interfaith Community Organization, PICO Golden State Bail Agents Association Immigrant Legal Resource Center Immigration Center for Women and Children Immigration Task Force of the California Nevada Annual Conference of the United Methodist Church Inland Congregations United for Change Inland Empire Immigrant Youth Coalition Interfaith Coalition for Immigrant Rights - Clergy and Laity United for Economic Justice Jewish Community Relations Council Justice for Immigrants Coalition L.A. Gay and Lesbian Center Lawyers Committee for Civil Rights Lutheran Office of Public Policy California Mujeres Unidas y Activas National Association of Social Workers National Immigration Law Center Out4Immigration PANGEA Legal Services People s Democratic Club of Santa Cruz County PICO California Reform California, California Reform Jewish Movement San Diego LGBT Community Center San Francisco Immigrant Rights Commission Santa Cruz County Latino Affairs Commission Services, Immigrant Rights and Education Network Silicon Valley Community Foundation UAW Local 4123, Sacramento, CA UAW Local 5810, Berkeley, CA Unitarian Universalist Legislative Ministry Action, Network, CA Women s Foundation of California 18

19 Highlight Stories: S-Comm Harms Victims of Crime In Lodi, CA, two young children are without their mother because she was deported under S- Comm after a call for help regarding domestic violence. 1 In SF, Norma called the police for help when her partner was beating her, ended up in jail for 5 days. In LA, Isaura, 20 years old, called police for help. Transferred from hospital to jail because of S-Comm. In Maryland, Maria was taken into ICE custody after she called the police in DV case. 1. Deported Mexicans leave two small kids in Lodi, Sacramento Bee, Nov. 2,

20 The Solution: ICE holds are voluntary In December 2012, Attorney General Kamala Harris issued a bulletin explaining immigration detainers are not compulsory. 20

21 The Solution: TRUST Act Campaign (2013) Bill focused on ICE hold reform. Bill passed Assembly, then Gov. Brown s office provides amendments. July 2013: Dreamers hold sit-in in Gov. Brown s office after Senate Public Safety Committee vote. Creates leverage for push back against problematic amendments (e.g., prior orders of removal). July to Oct 2013: Phone banking, petitions, US congressional delegation letter, law professor letter urging Gov. Brown to sign. Oct 5, Gov. Brown signed TRUST Act into law. 21

22 CA TRUST Act (AB 4) Prohibits local jails from detaining individuals in response to ICE hold requests, except in limited circumstances. If exception applies, local law enforcement may respond to hold (but not required). Sets statewide floor, not a ceiling (local counties can do more). Effective on Jan. 1,

23 Implementing the TRUST Act 1. Supporting stronger local reform and more state TRUST Acts 2. Monitor implementation and compliance 3. Engagement with Sheriffs and Juvenile Probation 4. Educate community members, advocates, and attorneys about TRUST Act protections 23

24 Monitoring Violations CA Tort Act Claims filed in LA, Merced, and Sacramento County Martin Del Agua: Arrested on Friday, Feb. 7, 2014 after neighbor called about Mr. Del Agua playing music in his garage. Arrested and held on ICE hold for 48 hours in violation of TRUST Act. Released on Sunday, Feb. 10, 2014 after TRUST Act legal team responded. Administrative CA Tort claim filed and pending. 24

25 Problematic Practices and Provisions 1. Notification to ICE upon release 2. Questionnaires to all foreign-born detainees on immigration status 3. Release to ICE at booking and release, prior to 48 hour ICE hold 4. Home raids after local law enforcement contact 5. Civil immigration warrants (I-200 form) 6. Transportation by local law enforcement to ICE 25

26 Community Education website with resources and reporting form Webinars and trainings for attorneys and community members 26

27 Community Education Toolkit on rights under the TRUST Act and how to advocate for implementation - DEVELOPING Know your rights palm cards on TRUST Act - UPDATED 27

28 Stronger Local ICE hold Reform: 45 out of 58 Counties Adopt Policies of No ICE Holds Counties with policies of no ICE holds : Alameda County Butte County Calaveras County Contra Costa County Del Norte Glenn County Humboldt County Imperial County Inyo County Kings County Lake County Los Angeles Marin County Mariposa County Mendocino County Merced County Mono Monterey County Napa County Nevada Orange County Riverside San Benito Sacramento County San Bernardino County San Diego Policy San Francisco County San Joaquin County San Luis Obispo County San Mateo County Santa Barbara County Santa Clara County Santa Cruz County Shasta County Siskiyou Solano County Sonoma County Sutter County Tehema County Trinity County Tulare County Tuolumne County Ventura County Yolo County Yuba County 28

29 California Impact: Declines in Releases to ICE on ICE Holds, Comparing Jan-Feb 2013 to Jan-Feb 2014 Imperial 59 > 50 = 15% Los Angeles 1,143 > 818 = 28% Merced 53 > 26 = 51% Riverside 27 > 105 = 62% San Bernardino 280 > 93 = 67% San Diego 426 > 180 = 58% San Francisco 60 > 4 = 93% San Joaquin 105 > 24 = 77% San Luis Obispo 29 > 28 = 3% Santa Barbara 94 > 76 = 19% Solano 21 > 12 = 43% Sonoma 103 > 27 = 74% Stanislaus 58 > 40 = 31% Tulare 128 > 86 = 33% Ventura 149 > 91 = 39% Source: Amy Taxin, California holds far fewer for illegal immigration, Associate Press, April 6, 2014,

30 National Impact: Immigration Reform Immigration Reform 30

31 National Impact: #Not1More Campaign 31

32 Closing Thoughts Successful implementation of TRUST ACT is fundamental to federal reform: 1) TRUST Act must be floor, not ceiling, in dynamic trans-local campaign. 2) Successful implementation, replication, and expansion of TRUST Act creates: (a) upward pressure on federal government and (b) lateral pressure on Arizona type jurisdictions. 3) S-Comm, one day, will be a legalization implementation issue and not an enforcement issue. We need to move the policy needle now to prevent rollback and horse-trading in eventual immigration reform legislation. 32

33 Questions? Angela Chan Senior Staff Attorney and Policy Director Advancing Justice Asian Law Caucus