enforcement

Illegal Aliens Go for a Windfall

WASHINGTON  Two families of illegal aliens from Central America are suing Trump administration officials in a Massachusetts federal district court over their treatment after they crossed the border illegally. The families claim that the month-long separation of the parents from their children when the parents were in jail for a criminal offense violated their constitutional rights. They seek monetary damages from the defendants, who are being sued as individuals, not in their official capacities. The Immigration Reform Law Institute (IRLI) this week filed a friend-of-the-court brief in support of the Trump officials.

The government’s brief on its motion to dismiss does an excellent job of showing that the court lacks personal jurisdiction over the defendants (none of whom has substantial personal contacts with Massachusetts), and that a damages action of this kind is unwarranted here. IRLI adds to these persuasive arguments a further point: plaintiffs had never even entered the country in a legal sense when their separations occurred, and thus they had no rights under our Constitution to be deprived of.

In immigration law, “entry” is a term of art, generally defined as presence in this country and freedom from official restraint. For example, a traveler at an American airport waiting to go through customs has not “entered” the United States. And a basic principle of constitutional law is that it is the American people" not aliens who have never entered the country in a legal sense, and have no substantial connection to it "who have rights under our Constituution.

Here, the alien families sought out border patrol agents as soon as they crossed the border, intending to claim asylum. When the parents were taken into custody for the crime of unlawful entry, pursuant to the administration’s zero tolerance policy, their children, who could not accompany them into jail, were placed with caregivers for about a month, after which the families were reunited. Thus, according to the leading legal definition of “entry,” the families had never effected entry into the U.S. - and thus had not come under the protection of ouur Constitution.

“This audacious lawsuit richly deserves to be dismissed,” commented Dale L. Wilcox, executive director and general counsel of IRLI. “These parents could have avoided detention and separation from their children altogether by voluntarily leaving the country. But that didn’t suit their purposes. Then, after the separation they caused was over, they turned around and sued government officials over it, hoping for a windfall for themselves and their attorneys.”

The case is K.O. v. Sessions, No. 4:18-cv-40149 (D. Mass.).

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For additional information, contact: Brian Lonergan � 202-232-5590 � blonergan@irli.org

Can the President shut down the border?

In response to the endless stream of Central American migrants currently attempting to access the U.S. by any means, lawful or otherwise, President Trump has threatened to shut down the border.

Predictably, the armchair jurists in the media have opined that the president doesn’t have the authority to close the border and will be sued if he tries. The Washington Post proclaimed, “The only way Trump could potentially shut down the border would be through trade.” (Although, the legal sages at the Post didn’t go into any detail about how that would actually work, since the object of any border shutdown would be keeping out the people currently trying to get in.)

So what’s the real deal? Can the president shut down the border? He can. And the Supreme Court has repeatedly said so:

  • 8 U.S.C. § 1182(f), unequivocally grants the president the authority to “suspend the entry of all aliens or any class of aliens” whenever he finds that their entry would be “detrimental to the interests of the United States.”  
  • In Sale v. Haitian Centers Council, Inc., decided in 1993, the Supreme Court held that, 1182(f) was intended to give the president the authority to prevent unauthorized mass migrations. Therefore, it delegates “ample power” to impose entry restrictions on foreign nationals, in response to emergent situations that threaten America’s interests. In fact, the Court found that 1182(f) was a more than sufficient basis for the naval blockade which ended the mass migration from Haiti during the Clinton administration.
  • More recently, in Trump v. Hawaii, the high Court reaffirmed Sale holding that, “Fairly read, [1182(f)] vests authority in the President to impose additional limitations on entry beyond the grounds for exclusion set forth in the [Immigration and Nationality Act] — including in response to circumstances that might affect the vetting system or other ‘interests of the United States.’” The court also noted that, “By its terms, §1182(f) exudes deference to the President in every clause.”

Based on the Supreme Court’s holdings in Sale and Trump v. Hawaii, 1182(f), it would appear to grant the president more than ample authority to close ports of entry because they are being overrun by people seeking to enter the U.S. by any means, lawful or illegal.

That the mainstream media has repeatedly presented its inaccurate opinions on this issue as a factual statement of the applicable law is completely unconscionable.

Oregon’s Multnomah County Third in Foreign National Crime in February 2019

On February 1, 2019 Oregon’s Multnomah County had 171 of the 913 foreign nationals (criminal aliens) incarcerated in the Oregon Department of Corrections (DOC) prison system; the county was third in foreign national crime in the state with 18.73 percent of the criminal aliens in DOC prisons.

The following table reveals how Multnomah County residents were harmed or victimized by the 171 criminal aliens incarcerated on February 1st in the DOC prison system with U.S. Immigration and Customs Enforcement (ICE) ICE detainers.
 

OREGON DEPARTMENT OF CORRECTIONS

Crime

Total Number of Inmates W/ ICE Detainers in DOC Prisons from Multnomah County by Type of Crime

Percentage of Inmates W/ICE Detainers in DOC Prisons from Multnomah County by Type of Crime

Homicide

35

20.47%

Sex Abuse

33

19.30%

Rape

24

14.04%

Drugs

16

9.36%

Sodomy

16

9.36%

Assault

14

8.19%

Robbery

14

8.19%

Kidnapping

10

5.85%

Theft

4

2.34%

Vehicle Theft

2

1.17%

Burglary

1

0.58%

Driving Offense

1

0.58%

Arson

0

0.00%

Escape

0

0.00%

Forgery

0

0.00%

Other / Combination Crimes

1

0.58%

Total

171

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

This table reveals, using the DOC ICE detainer numbers from February 1st, the total number of criminal alien inmates incarcerated in the DOC prison system by type of crime from all Oregon counties, the total number of criminal alien inmates from Multnomah County in DOC prisons by type of crime and the percentage of those alien inmates who were from the county by type of crime.
 

OREGON DEPARTMENT OF CORRECTIONS

Crime

Total number of Inmates W/ ICE Detainers in DOC Prisons from all Oregon Counties by Type of Crime

Total number of Inmates W/ ICE Detainers in DOC Prisons from Multnomah County by Type of Crime

Percentage of Inmates W/ICE Detainers in DOC Prisons from Multnomah County by Type of Crime

Sex Abuse

190

33

17.37%

Rape

170

24

14.12%

Homicide

132

35

26.52%

Sodomy

98

16

16.33%

Assault

79

14

17.72%

Drugs

77

16

20.78%

Robbery

43

14

32.56%

Kidnapping

27

10

37.04%

Burglary

22

1

4.55%

Theft

15

4

26.67%

Vehicle Theft

4

2

50.00%

Driving Offense

4

1

25.00%

Arson

1

0

0.00%

Escape

0

0

0.00%

Forgery

0

0

0.00%

Other / Comb. Crimes

51

1

1.96%

Total

913

171

 

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

Criminal aliens from 28 identified countries have harmed or victimized Multnomah County residents.

Foreign nationals who declared their country or origin as being Mexico were 114 of 171 criminal aliens from Multnomah County incarcerated in the DOC prison system — 66.67 percent of the county’s alien inmates in the state’s prisons.

The following table reveals the self-declared countries of origin of the majority of the 171 criminal aliens with ICE detainers who have harmed or victimized the residents Multnomah County in the DOC prison system.
 

OREGON DEPARTMENT OF CORRECTIONS

Country

Total Inmates W/ ICE Detainers from Multnomah County by Country of Origin in DOC Prisons

Percentage of Inmates W/ICE Detainers by Country of Origin from Multnomah County in DOC Prisons

Mexico

114

66.67%

Vietnam

10

5.85%

Cuba

8

4.68%

Guatemala

6

3.51%

Laos

3

1.75%

Ukraine

3

1.75%

Egypt

2

1.17%

Federated States of Micronesia

2

1.17%

Honduras

2

1.17%

Russia

2

1.17%

Other Countries

19

11.11%

Total

171

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

David Olen Cross of Salem, Oregon is crime researcher who writes on immigration issues and foreign national crime. The preceding report is a service to Oregon state, county and city governmental officials to help them assess the impact of foreign national crime in the state. He can be reached at docfnc@yahoo.com. His past crime reports can be found at http://docfnc.wordpress.com/.

Oregon’s Washington County Second in Foreign National Crime in February 2019

On February 1, 2019 Oregon’s Washington County had 189 of the 913 foreign nationals (criminal aliens) incarcerated in the Oregon Department of Corrections (DOC) prison system; the county was second in foreign national crime in the state with 20.70 percent of the criminal aliens in DOC prisons.

The following table reveals how Washington County residents were harmed or victimized by the 189 criminal aliens incarcerated on February 1st in the DOC prison system with U.S. Immigration and Customs Enforcement (ICE) ICE detainers.
 

OREGON DEPARTMENT OF CORRECTIONS

Crime

Total Number of Inmates W/ ICE Detainers in DOC Prisons from Washington County by Type of Crime

Percentage of Inmates W/ICE Detainers in DOC Prisons from Washington County by Type of Crime

Rape

45

23.81%

Sex Abuse

45

23.81%

Homicide

21

11.11%

Assault

20

10.58%

Sodomy

20

10.58%

Drugs

13

6.88%

Robbery

10

5.29%

Burglary

8

4.23%

Kidnapping

2

1.06%

Theft

2

1.06%

Driving Offense

1

0.53%

Arson

0

0.00%

Escape

0

0.00%

Forgery

0

0.00%

Vehicle Theft

0

0.00%

Other / Combination Crimes

2

1.06%

Total

189

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

This table reveals, using the DOC ICE detainer numbers from February 1st, the total number of criminal alien inmates incarcerated in the DOC prison system by type of crime from all Oregon counties, the total number of criminal alien inmates from Washington County in DOC prisons by type of crime and the percentage of those alien inmates who were from the county by type of crime.
 

OREGON DEPARTMENT OF CORRECTIONS

Crime

Total number of Inmates W/ ICE Detainers in DOC Prisons from all Oregon Counties by Type of Crime

Total number of Inmates W/ ICE Detainers in DOC Prisons from Washington County by Type of Crime

Percentage of Inmates W/ICE Detainers in DOC Prisons from Washington County by Type of Crime

Sex Abuse

190

45

23.68%

Rape

170

45

26.47%

Homicide

132

21

15.91%

Sodomy

98

20

20.41%

Assault

79

20

25.32%

Drugs

77

13

16.88%

Robbery

43

10

23.26%

Kidnapping

27

2

7.41%

Burglary

22

8

36.36%

Theft

15

2

13.33%

Vehicle Theft

4

0

0.00%

Driving Offense

4

1

25.00%

Arson

1

0

0.00%

Escape

0

0

0.00%

Forgery

0

0

0.00%

Other / Comb. Crimes

51

2

3.92%

Total

913

189

 

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

Criminal aliens from 24 identified countries have harmed or victimized Washington County residents.

Foreign nationals who declared their country or origin as being Mexico were 146 of 189 criminal aliens from Washington County incarcerated in the DOC prison system — 77.25 percent of the county’s alien inmates in the state’s prisons.

The following table reveals the self-declared countries of origin of the majority of the 189 criminal aliens with ICE detainers who have harmed or victimized the residents Washington County in the DOC prison system.
 

OREGON DEPARTMENT OF CORRECTIONS

Country

Total Inmates W/ ICE Detainers from Washington County by Country of Origin in DOC Prisons

Percentage of Inmates W/ICE Detainers by Country of Origin from Washington County in DOC Prisons

Mexico

146

77.25%

Guatemala

10

5.29%

EL Salvador

5

2.65%

Cuba

3

1.59%

Honduras

3

1.59%

Marshall Islands

2

1.06%

Ukraine

2

1.06%

Other Countries

18

9.52%

Total

189

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

David Olen Cross of Salem, Oregon is crime researcher who writes on immigration issues and foreign national crime. The preceding report is a service to Oregon state, county and city governmental officials to help them assess the impact of foreign national crime in the state. He can be reached at docfnc@yahoo.com. His past crime reports can be found at http://docfnc.wordpress.com/.

Oregon’s Clackamas County Fourth in Foreign National Crime in February 2019

On February 1, 2019 Oregon’s Clackamas County had 78 of the 913 foreign nationals (criminal aliens) incarcerated in the Oregon Department of Corrections (DOC) prison system; the county was fourth in foreign national crime in the state with 8.54 percent of the criminal aliens in DOC prisons.

The following table reveals how Clackamas County residents were harmed or victimized by the 78 criminal aliens incarcerated on February 1st in the DOC prison system with U.S. Immigration and Customs Enforcement (ICE) ICE detainers.
 

OREGON DEPARTMENT OF CORRECTIONS

Crime

Total Number of Inmates W/ ICE Detainers in DOC Prisons from Clackamas County by Type of Crime

Percentage of Inmates W/ICE Detainers in DOC Prisons from Clackamas County by Type of Crime

Drugs

15

19.23%

Rape

9

11.54%

Sex Abuse

9

11.54%

Homicide

7

8.97%

Sodomy

5

6.41%

Theft

5

6.41%

Kidnapping

3

3.85%

Robbery

3

3.85%

Assault

2

2.56%

Burglary

1

1.28%

Arson

0

0.00%

Driving Offense

0

0.00%

Escape

0

0.00%

Forgery

0

0.00%

Vehicle Theft

0

0.00%

Other / Combination Crimes

19

24.36%

Total

78

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

This table reveals, using the DOC ICE detainer numbers from February 1st, the total number of criminal alien inmates incarcerated in the DOC prison system by type of crime from all Oregon counties, the total number of criminal alien inmates from Clackamas County in DOC prisons by type of crime and the percentage of those alien inmates who were from the county by type of crime.
 

OREGON DEPARTMENT OF CORRECTIONS

Crime

Total number of Inmates W/ ICE Detainers in DOC Prisons from all Oregon Counties by Type of Crime

Total number of Inmates W/ ICE Detainers in DOC Prisons from Clackamas County by Type of Crime

Percentage of Inmates W/ICE Detainers in DOC Prisons from Clackamas County by Type of Crime

Sex Abuse

190

9

4.74%

Rape

170

9

5.29%

Homicide

132

7

5.30%

Sodomy

98

5

5.10%

Assault

79

2

2.53%

Drugs

77

15

19.48%

Robbery

43

3

6.98%

Kidnapping

27

3

11.11%

Burglary

22

1

4.55%

Theft

15

5

33.33%

Vehicle Theft

4

0

0.00%

Driving Offense

4

0

0.00%

Arson

1

0

0.00%

Escape

0

0

0.00%

Forgery

0

0

0.00%

Other / Comb. Crimes

51

19

37.25%

Total

913

78

 

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

Criminal aliens from 10 identified countries have harmed or victimized Clackamas County residents.

Foreign nationals who declared their country or origin as being Mexico were 64 of 78 criminal aliens from Clackamas County incarcerated in the DOC prison system — 82.05 percent of the county’s alien inmates in the state’s prisons.

The following table reveals the self-declared countries of origin of the majority of the 78 criminal aliens with ICE detainers who have harmed or victimized the residents Clackamas County in the DOC prison system.
 

OREGON DEPARTMENT OF CORRECTIONS

Country

Total Inmates W/ ICE Detainers from Clackamas County by Country of Origin in DOC Prisons

Percentage of Inmates W/ICE Detainers by Country of Origin from Clackamas County in DOC Prisons

Mexico

64

82.05%

China

3

3.85%

Cuba

2

2.56%

Honduras

2

2.56%

Other Countries

7

8.97%

Total

78

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

David Olen Cross of Salem, Oregon is crime researcher who writes on immigration issues and foreign national crime. The preceding report is a service to Oregon state, county and city governmental officials to help them assess the impact of foreign national crime in the state. He can be reached at docfnc@yahoo.com. His past crime reports can be found at http://docfnc.wordpress.com/.

Oregon Department of Corrections: Foreign National Sex Crime Report February 2019

Information obtained from the Oregon Department of Corrections (DOC) indicated on February 1, 2019 that 458 of 913 foreign nationals (criminal aliens) in the state’s prison system were incarcerated for three types of sex crimes — sex abuse, rape and sodomy — 50.16 percent of the criminal alien prison population (Note: The number of criminal aliens incarcerated for sex crimes in DOC prisons does not necessarily equal the number of Oregon residents victimized by alien sex abuse, rape and sodomy.).

Using DOC U.S. Immigration and Customs Enforcement (ICE) immigration detainer numbers, the following table is a numerical breakdown by number and percentage of the 458 criminal alien inmates incarcerated on February 1st in the state’s prisons for the crimes of sex abuse, rape and sodomy.
 

OREGON DEPARTMENT OF CORRECTIONS

Crime

DOC Number Inmates W/ ICE Detainers Incarcerated by Type of Sex Crime

DOC Percent Inmates W/ICE Detainers Incarcerated by Type of Sex Crime

Sex Abuse

190

41.58%

Rape

170

37.20%

Sodomy

98

21.44%

Total

458

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

Criminal aliens incarcerated in DOC prisons committed at least one sex crime in 26 of 36 Oregon counties —72.22 percent of the counties in the state.

Seven Oregon counties, Marion (130 alien sex offenders), Washington (110 alien sex offenders), Multnomah (73 alien sex offenders), Lane (26 alien sex offenders), Clackamas (23 alien sex offenders), Jackson (18 alien sex offenders) and Yamhill (14 alien sex offenders) had 394 of 458 criminal alien inmates incarcerated in DOC prisons for sex crimes — 86.03 percent of the alien sex offenders incarcerated in the state’s prisons.

Using DOC ICE detainer numbers, the following table indicates the location by county of where the 458 criminal alien inmates were sent to serve time in the state’s prison system for sex crimes; furthermore, the table is a numerical breakdown by county of the type of sex crimes alien inmates committed that got them sent to the state’s prison system; finally, the table gives the total number and percentage of alien inmates by county incarcerated for sex crimes in the state’s prison system.
 

OREGON DEPARTMENT OF CORRECTIONS

County

DOC Number Inmates W/ ICE Detainers by County Incarcerated for the Crime of Sex Abuse

DOC Number Inmates W/ICE Detainers by County Incarcerated for the Crime of Rape

DOC Number Inmates W/ICE Detainers by County Incarcerated for the Crime of Sodomy

DOC Number Inmates W/ICE Detainers by County Incarcerated for Sex Crimes

DOC Percent Inmates W/ICE Detainers by County Incarcerated for Sex Crimes

Marion

48

50

32

130

28.38%

Washington

45

45

20

110

24.02%

Multnomah

33

24

16

73

15.94%

Lane

7

13

6

26

5.68%

Clackamas

9

9

5

23

5.02%

Jackson

10

4

4

18

3.93%

Yamhill

3

6

5

14

3.06%

Linn

7

1

1

9

1.97%

Deschutes

4

2

2

8

1.75%

Benton

1

4

1

6

1.31%

Umatilla

3

1

2

6

1.31%

Malheur

3

2

0

5

1.09%

Polk

3

1

1

5

1.09%

Clatsop

2

1

0

3

0.66%

Coos

0

2

1

3

0.66%

Klamath

3

0

0

3

0.66%

Lincoln

2

1

0

3

0.66%

Jefferson

1

1

0

2

0.44%

Josephine

2

0

0

2

0.44%

Morrow

1

1

0

2

0.44%

Wasco

1

1

0

2

0.44%

Crook

0

0

1

1

0.22%

Douglas

0

0

1

1

0.22%

Hood River

0

1

0

1

0.22%

Tillamook

1

0

0

1

0.22%

Union

1

0

0

1

0.22%

Baker

0

0

0

0

0.00%

Columbia

0

0

0

0

0.00%

Curry

0

0

0

0

0.00%

Gilliam

0

0

0

0

0.00%

Grant

0

0

0

0

0.00%

Harney

0

0

0

0

0.00%

Lake

0

0

0

0

0.00%

OOS

0

0

0

0

0.00%

Sherman

0

0

0

0

0.00%

Wallowa

0

0

0

0

0.00%

Wheeler

0

0

0

0

0.00%

Total

190

170

98

458

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

Criminal aliens from 37 identified countries were incarcerated in DOC prisons for sex crimes in the State of Oregon.

Foreign nationals who declared their country or origin as being Mexico were 381 of 458 criminal alien inmates incarcerated for sex crimes in the DOC prison system — 83.19 percent of the alien sex offenders in the state’s prisons.

Using DOC ICE detainer numbers, the following table indicates the self-declared countries of origin of the 458 criminal alien inmates that were sent to serve time in the state’s prison system for sex crimes; furthermore, the table is a numerical breakdown by country of the type of sex crimes alien inmates committed that got them sent to the state’s prison system; finally, the table gives the total number and percentage of alien inmates by country incarcerated for sex crimes in the state’s prison system.
 

OREGON DEPARTMENT OF CORRECTIONS

Country

DOC Number Inmates W/ ICE Detainers by Country Incarcerated for the Crime of Sex Abuse

DOC Number Inmates W/ICE Detainers by Country Incarcerated for the Crime of Rape

DOC Number Inmates W/ICE Detainers by Country Incarcerated for the Crime of Sodomy

DOC Number Inmates W/ICE Detainers by Country Incarcerated for Sex Crimes

DOC Percent Inmates W/ICE Detainers by Country Incarcerated for Sex Crimes

Mexico

166

138

77

381

83.19%

Guatemala

5

6

2

13

2.84%

El Salvador

1

2

5

8

1.75%

Russia

0

3

1

4

0.87%

Vietnam

0

3

1

4

0.87%

Ecuador

0

1

2

3

0.66%

Honduras

1

2

0

3

0.66%

Cuba

1

1

0

2

0.44%

England

1

0

1

2

0.44%

Fed. St. Micron.

1

0

1

2

0.44%

Laos

0

1

1

2

0.44%

Peru

2

0

0

2

0.44%

Philippines

0

0

2

2

0.44%

Sierra Leone

2

0

0

2

0.44%

Ukraine

0

1

1

2

0.44%

Wales

0

2

0

2

0.44%

Other Countries

10

10

4

24

5.24%

Total

190

170

98

458

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

David Olen Cross of Salem, Oregon is crime researcher who writes on immigration issues and foreign national crime. The preceding report is a service to Oregon state, county and city governmental officials to help them assess the impact of foreign national crime in the state. He can be reached at docfnc@yahoo.com. His past crime reports can be found at http://docfnc.wordpress.com/.

Oregon Department of Corrections: Foreign National Homicide Report February 2019

Information obtained from the Oregon Department of Corrections (DOC) indicated on February 1, 2019 that 132 of the 913 foreign nationals (criminal aliens) in the state’s prison system were incarcerated for homicidal crimes (various degrees of murder and manslaughter) —14.46 percent of the criminal alien prison population (Note: The number of criminal aliens incarcerated for homicidal crimes in DOC prisons does not necessarily equal the number of Oregon residents killed by alien homicidal violence).

Using DOC U.S. Immigration and Customs Enforcement (ICE) immigration detainer numbers, the following table reveals the total number criminal alien inmates along with the number and percentage of those alien inmates incarcerated on February 1st in the state’s prisons for homicidal crimes.
 

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Number Inmates W/ICE Detainers

DOC Number of Inmates W/ICE Detainers for Homicidal Crimes

DOC Percent of Inmates W/ICE Detainers for Homicidal Crimes

February 1, 2019

913

132

14.46%

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

Criminal aliens incarcerated in DOC prisons committed at least one crime of homicidal violence in 22 of 36 Oregon counties — 66.11 percent of the counties in the state.

Seven Oregon counties, Multnomah (35 alien inmates convicted of homicidal crimes), Marion (22 alien inmates convicted of homicidal crimes), Washington (21 alien inmates convicted of homicidal crimes), Umatilla (9 alien inmates convicted of homicidal crimes), Clackamas (7 alien inmates convicted of homicidal crimes), Jackson (6 alien inmates convicted of homicidal crimes) and Lane (6 alien inmates convicted of homicidal crimes) had 106 of 132 criminal alien inmates incarcerated in DOC prisons for homicidal violence — 80.30 percent of the alien inmates in the state’s prisons for homicidal crimes.

Using DOC ICE immigration detainer numbers, the following table reveals the number and percentage of criminal alien inmates incarcerated on February 1st that were sent to prison from the state’s 36 counties for homicidal crimes.
 

OREGON DEPARTMENT OF CORRECTIONS

County

DOC Number of Inmates W/ ICE Detainers by County Incarcerated for Homicidal Crimes

DOC Percent of Inmates W/ ICE Detainers by County Incarcerated for Homicidal Crimes

Multnomah

35

26.52%

Marion

22

16.67%

Washington

21

15.91%

Umatilla

9

6.82%

Clackamas

7

5.30%

Jackson

6

4.55%

Lane

6

4.55%

Klamath

3

2.27%

Linn

3

2.27%

Yamhill

3

2.27%

Benton

2

1.52%

Josephine

2

1.52%

Lincoln

2

1.52%

Polk

2

1.52%

Clatsop

1

0.76%

Deschutes

1

0.76%

Douglas

1

0.76%

Gilliam

1

0.76%

Hood River

1

0.76%

Jefferson

1

0.76%

Malheur

1

0.76%

OOS (Not a County)

1

0.76%

Tillamook

1

0.76%

Baker

0

0.00%

Columbia

0

0.00%

Coos

0

0.00%

Crook

0

0.00%

Curry

0

0.00%

Grant

0

0.00%

Harney

0

0.00%

Lake

0

0.00%

Morrow

0

0.00%

Sherman

0

0.00%

Union

0

0.00%

Wallowa

0

0.00%

Wasco

0

0.00%

Wheeler

0

0.00%

Total

132

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

Criminal aliens from 19 different countries have committed homicidal violence against Oregon residents.

Foreign nationals who declared their country or origin as being Mexico were 102 of 132 criminal aliens convicted of homicidal crimes incarcerated in the DOC prison system — 77.27 percent of the alien inmates in the state’s prisons for homicidal crimes.

Using DOC ICE immigration detainer numbers, the following table reveals the self-declared countries of origin of the 132 criminal alien inmates by number and percentage incarcerated on February 1st in the state’s prisons for homicidal crimes.
 

OREGON DEPARTMENT OF CORRECTIONS

Country

DOC Number of Inmates W/ ICE Detainers by Country Incarcerated for Homicidal Crimes

DOC Percent of Inmates W/ ICE Detainers by Country Incarcerated for Homicidal Crimes

 

Mexico

102

77.27%

 

Cuba

4

3.03%

 

Canada

3

2.27%

 

Vietnam

3

2.27%

 

Cambodia

2

1.52%

 

El Salvador

2

1.52%

 

Guatemala

2

1.52%

 

Laos

2

1.52%

 

South Korea

2

1.52%

 

Costa Rica

1

0.76%

 

Honduras

1

0.76%

 

Japan

1

0.76%

 

Mariana Islands

1

0.76%

 

Marshall Islands

1

0.76%

 

Nicaragua

1

0.76%

 

Nigeria

1

0.76%

 

Peru

1

0.76%

 

South Africa

1

0.76%

 

Turkey

1

0.76%

 

Total

132

100.00%

 

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

David Olen Cross of Salem, Oregon is crime researcher who writes on immigration issues and foreign national crime. The preceding report is a service to Oregon state, county and city governmental officials to help them assess the impact of foreign national crime in the state. He can be reached at docfnc@yahoo.com. His past crime reports can be found at http://docfnc.wordpress.com/.

Oregon Department of Corrections: Mexican National Crime Report February 2019

Information obtained from the Oregon Department of Corrections (DOC) indicated on February 1, 2019 that 730 of the 913 foreign nationals (criminal aliens) in the state’s prison system were Mexican nationals — 79.96 percent of the criminal alien prison population (Note: The number of Mexican nationals incarcerated in DOC prisons does not necessarily equal the number of Oregon residents victimized by this specific group of criminal aliens).

Using DOC U.S. Immigration and Customs Enforcement (ICE) immigration detainer numbers, the following table reveals the total number criminal alien inmates along with the number and percentage of those alien inmates incarcerated on February 1st in the state’s prisons who declared themselves as being Mexican nationals.
 

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Inmates W/ICE Detainers

DOC Number of Mexican National Inmates W/ICE Detainers

DOC Percent of Mexican National Inmates W/ICE Detainers

February 1, 2019

913

730

79.96%

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

Mexican (MEX) national criminals were sent to DOC prisons from 27 of 36 Oregon counties — 75.00 percent of the counties in the state.

Seven Oregon counties, Marion (195 MEX inmates), Washington (146 MEX inmates), Multnomah (114 MEX inmates), Clackamas (64 MEX inmates), Lane (33 MEX inmates), Jackson (31 MEX inmates) and Umatilla (24 MEX inmates) had 607 of the 730 Mexican national inmates incarcerated in DOC prisons — 83.15 percent of the MEX inmates.

Using DOC ICE detainer numbers, the following table reveals the number and percentage of Mexican national inmates incarcerated on February 1st that were sent  to prison from the state’s 36 counties.
 

OREGON DEPARTMENT OF CORRECTIONS

County

DOC Number of Mexican National Inmates by County W/ ICE Detainers

DOC Percent of Mexican National Inmates by County W/ICE Detainers

Marion

195

26.71%

Washington

146

20.00%

Multnomah

114

15.62%

Clackamas

64

8.77%

Lane

33

4.52%

Jackson

31

4.25%

Umatilla

24

3.29%

Yamhill

20

2.74%

Linn

16

2.19%

Polk

12

1.64%

Benton

10

1.37%

Klamath

10

1.37%

Deschutes

9

1.23%

Malheur

9

1.23%

Jefferson

6

0.82%

Douglas

4

0.55%

Lincoln

4

0.55%

Tillamook

4

0.55%

Wasco

4

0.55%

Clatsop

3

0.41%

Coos

3

0.41%

Hood River

3

0.41%

Josephine

2

0.27%

Crook

1

0.14%

Gilliam

1

0.14%

Lake

1

0.14%

Morrow

1

0.14%

Baker

0

0.00%

Columbia

0

0.00%

Curry

0

0.00%

Grant

0

0.00%

Harney

0

0.00%

Sherman

0

0.00%

Union

0

0.00%

Wallowa

0

0.00%

Wheeler

0

0.00%

Total

730

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

Here are the ways Oregon residents were victimized by the 730 Mexican national criminals.

Using DOC ICE detainer numbers, the following table reveals the number and percentage of Mexican national inmates incarcerated on February 1st by type of crime.
 

OREGON DEPARTMENT OF CORRECTIONS

Crime

DOC Number of Mexican National Inmates by Type of Crime W/ ICE Detainers

DOC Percent of Mexican National Inmates by Type of Crime W/ICE Detainers

Sex Abuse

166

22.74%

Rape

138

18.90%

Homicide

102

13.97%

Sodomy

77

10.55%

Drugs

72

9.86%

Assault

57

7.81%

Robbery

28

3.84%

Kidnapping

18

2.47%

Burglary

14

1.92%

Theft

5

0.68%

Driving Offense

3

0.41%

Vehicle Theft

2

0.27%

Arson

1

0.14%

Escape

0

0.00%

Forgery

0

0.00%

Other / Comb. Crimes

47

6.44%

Total

730

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

Using the DOC ICE detainer numbers from February 1st, the following table reveals the total number of criminal alien inmates incarcerated by type of crime, the number of Mexican national inmates incarcerated by type of crime and the percentage of Mexican national inmates incarcerated by type of crime.
 

OREGON DEPARTMENT OF CORRECTIONS

Crime

DOC Total Number of Inmates by Type of Crime W/ICE Detainers

DOC Number of Mexican National Inmates by Type of Crime W/ ICE Detainers

DOC Percent of Mexican National Inmates by Type of Crime W/ICE Detainers

Sex Abuse

190

166

87.37%

Rape

170

138

81.18%

Homicide

132

102

77.27%

Sodomy

98

77

78.57%

Assault

79

57

72.15%

Drugs

77

72

93.51%

Robbery

43

28

65.12%

Kidnapping

27

18

66.67%

Burglary

22

14

63.64%

Theft

15

5

33.33%

Vehicle Theft

4

2

50.00%

Driving Offense

4

3

75.00%

Arson

1

1

100.00%

Escape

0

0

0.00%

Forgery

0

0

0.00%

Other / Comb. Crimes

51

47

92.16%

Total

913

730

 

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

Beyond the DOC Mexican national incarceration numbers and incarceration percentages, per county and per type of crime, criminal aliens from Mexico place a substantial economic burden on Oregonians.

An individual inmate incarcerated in the DOC prison system costs the state approximately ($108.26) per day.

The DOC’s incarceration cost for 730 Mexican national inmates is approximately ($79,029.80) per day, ($553,208.60) per week, and ($28,845,877.00) per year.

None of preceding cost estimates for the DOC to incarcerate the 730 Mexican national inmates includes the dollar amount for legal services (indigent defense), language interpreters, court costs, or victim assistance.

Bibliography:

Oregon Department of Corrections Population Profile (unpublished MS Excel workbook) titled Incarcerated Criminal Aliens Report dated February 1, 2019.

Oregon Department of Corrections Issue Brief Quick Facts IB-53, September 2018:
https://www.oregon.gov/doc/Documents/agency-quick-facts.pdf

David Olen Cross of Salem, Oregon is crime researcher who writes on immigration issues and foreign national crime. The preceding report is a service to Oregon state, county and city governmental officials to help them assess the impact of foreign national crime in the state. He can be reached at docfnc@yahoo.com. His past crime reports can be found at http://docfnc.wordpress.com/.
 

HB 2932, sanctuary for criminal aliens

Alert date: 
2019-03-22
Alert body: 

A hearing on HB 2932 was held on Monday, March 18, by the House Judiciary Committee.  Several OFIR Board members attended and testified in opposition, submitting written testimony also.

OFIR has posted the testimonies at:  http://www.oregonir.org/immigration-topics/sanctuary-bill-2019-legislature.

A videotape of the Hearing can be viewed at: http://oregon.granicus.com/MediaPlayer.php?clip_id=26213

We encourage citizens to express their views of this bill to their state Representatives.  To identify your state Representative and get phone number/email address, click here:  https://www.oregonlegislature.gov/FindYourLegislator/leg-districts.html.  After entering your address in the format requested, see the address card and click the tab labelled House.

Supreme Court rules against immigrants in detention case

WASHINGTON (AP) — A divided Supreme Court ruled Tuesday against a group of immigrants in a case about the government’s power to detain them after they’ve committed crimes but finished their sentences.

The issue in the case before the justices had to do with the detention of noncitizens who have committed a broad range of crimes that make them deportable. Immigration law tells the government it must arrest those people when they are released from custody and then hold them while an immigration court decides whether they should be deported.

But those affected by the law aren’t always picked up immediately... In the case before the Supreme Court, a group of mostly green card holders argued that unless they’re picked up essentially within a day of being released, they should be entitled to a hearing...  If a judge were to agree, they would not have to remain in custody while their deportation case goes forward...

But the Supreme Court disagreed with the immigrants’ interpretation of federal law in a 5-4 ruling...  Looking at a statutory provision enacted by Congress in 1996, Justice Samuel Alito wrote that “neither the statute’s text nor its structure” supported the immigrants’ argument. The court’s conservative justices sided with the Trump administration. The administration argued, as the Obama administration did, that those affected by the law aren’t entitled to a hearing where they can argue for their release, regardless of whether they are arrested immediately after being released from custody or not.

Department of Justice spokeswoman Kerri Kupec said the administration was “pleased with the decision.”

Justice Stephen Breyer, in a dissent he read aloud in court, said that the larger importance of the case has to do with the power his colleagues’ ruling gives the government.

“It is a power to detain persons who have committed a minor crime many years before. And it is a power to hold those persons, perhaps for many months, without any opportunity to obtain bail,” Breyer said.

He wrote that in his view the law requires immigrants who have committed crimes to be detained “within a reasonable time after their release” from custody, “presumptively no more than six months.” If the person is not detained within that time, they should get a hearing where they can argue for their release, Breyer wrote.

The American Civil Liberties Union represented the immigrants in the case before the Supreme Court. ACLU attorney Cecillia Wang, who argued the case, said after the decision that the ACLU will call on Congress to clarify the law and will continue to pursue options in court.

Tuesday’s ruling was based on the text of the statute, and Wang said the ACLU will argue that the statute, as interpreted by the justices, is unconstitutional. Wang also called the decision an “extreme waste of taxpayer money,” saying it locks up individuals who are not a danger to the community.

The case before the justices involved a class-action lawsuit brought by noncitizens in California and a similar class-action lawsuit brought in the state of Washington. In those cases, the U.S. Court of Appeals for the 9th Circuit sided with the immigrants, but other appeals courts had sided with the government in similar cases.

One of the lead plaintiffs involved in the California case, Mony Preap, has been a lawful permanent resident of the United States since 1981 and has two convictions for possession of marijuana. He was released from prison in 2006 but was not taken into immigration custody until 2013. Preap has since won his deportation case, allowing him to remain in the country.

The case is 16-1363 Nielsen v. Preap.
_

Follow Jessica Gresko on Twitter at http://twitter.com/jessicagresko

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