ICE

"Get a warrant"? NO!

 
Why should ICE officers have to go to a court and request a warrant to take custody of an illegal alien who’s being released from a local jail?
 
There should be seamless cooperation and communication between the two branches of law enforcement, local and federal, on immigration matters, as there usually is in federal laws on other subjects.
 
Unfortunately, there are powerful political groups in the U.S. resisting enforcement of immigration law generally, who think in globalist terms, discounting the importance of nationhood and citizenship.  The entire Democratic Party, as well as an influential faction of the Republican Party, seem to have this view. Honest polls show that U.S. citizens disagree.
 
In a look back at how immigration law enforcement has been eroded, Dan Cadman, retired INS / ICE official with thirty years of government experience, asks:
 
“…Is it unreasonable to ask police and correctional officials to hold alien criminals they have in their custody long enough for immigration agents to respond and arrest them, given that there are hundreds of thousands of federal, state, and local law enforcement and correctional officers serving in thousands of organizations, but only about 1,300 immigration agents for the entire country?”
 
The attempt to force ICE agents to go to a court and obtain a warrant before detaining an illegal alien upon the alien’s release from jail is a deliberate attempt to impede ICE’s work and help illegal aliens remain comfortably in the U.S.
 
As Oregon’s top US Attorney, Billy J. Williams, pointed out, how is ICE even to know the alien is in jail if that information is not communicated to ICE?
 
“This requirement [for a court warrant] is inherently unreasonable as illegal aliens are frequently held for only a matter of hours. Furthermore, it is nearly impossible to obtain a federal criminal arrest warrant without basic identifying information.
“Simply put, Oregon's sanctuary status declaration directly contravenes federal immigration law and threatens public safety.”
 
All local law enforcement and jails should regularly communicate with ICE when local enforcement encounters an illegal alien, and be dependable in alerting ICE punctually about release dates from jails. Oregon is a part of the U.S.; it derives multiple advantages from being part of this nation, and there is no excuse for not cooperating in national law enforcement.
 
Cooperation with ICE does not turn local police into ICE agents.  The time taken simply to communicate information to ICE would be minimal, and the results huge in greater safety for the public and better control of illegal immigration.  Illegal alien advocates’ claim that local police cooperation with ICE has a chilling effect on crime reporting is spurious.
 
The toleration of illegal immigration is extremely harmful to citizens; it undermines respect for law generally, allows unlimited global competition for jobs, overloads our social service and educational facilities, triggers rapid population growth that endangers the health of the natural environment, and causes many other significant problems.
 
Help ICE do its job! 

Oregon’s Washington County Third in Foreign National Crime in July 2017

 

On July 1, 2017 Oregon’s Washington County had 200 of the 986 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 20.28 percent of the criminal aliens in DOC prisons.

The following table reveals how Washington County residents were harmed or victimized by the 200 criminal aliens incarcerated on July 1st in the DOC prison system with U.S. Immigration and Customs Enforcement (ICE) immigration 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

Sex Abuse

49

24.50%

Rape

42

21.00%

Homicide

21

10.50%

Assault

20

10.00%

Drugs

19

9.50%

Sodomy

19

9.50%

Robbery

12

6.00%

Burglary

5

2.50%

Kidnapping

4

2.00%

Theft

3

1.50%

Driving Offense

2

1.00%

Arson

0

0.00%

Escape

0

0.00%

Forgery

0

0.00%

Vehicle Theft

0

0.00%

Other / Combination Crimes

4

2.00%

Total

200

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 July 17.

This table reveals, using the DOC ICE detainer numbers from July 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

199

49

24.62%

Rape

173

42

24.28%

Homicide

138

21

15.22%

Drugs

111

19

17.12%

Sodomy

96

19

19.79%

Assault

79

20

25.32%

Robbery

55

12

21.82%

Kidnapping

27

4

14.82%

Burglary

21

5

23.81%

Theft

18

3

16.67%

Driving Offense

9

2

22.22%

Vehicle Theft

4

0

0.00%

Arson

0

0

0.00%

Forgery

0

0

0.00%

Escape

0

0

0.00%

Other / Combination Crimes

56

4

7.14%

Total

986

200

 

Source: Research and Evaluation DOC Report ICE inmates list 01 July 17.

The following table reveals the self-declared countries of origin of the majority of the 200 criminal aliens with ICE immigration 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 Country by Country of Origin in DOC Prisons

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

Mexico

156

78.00%

Guatemala

9

4.50%

Cuba

5

2.50%

EL Salvador

3

1.50%

Federated States of Micronesia

3

1.50%

Honduras

3

1.50%

Philippines

2

1.00%

Ukraine

2

1.00%

Other Countries

17

8.50%

Total

200

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 July 17.

Criminal aliens from 25 different countries have harmed or victimized the residents of Washington County.

David Olen Cross of Salem, Oregon writes on immigration issues and foreign national crime. This report is a service to Oregon state, county and city governmental officials in Washington County to help them assess the impact of foreign national crime in the county. He can be reached at docfnc@yahoo.com or at http://docfnc.wordpress.com/

Oregon Department of Corrections: Criminal Alien Report July 2017

The Oregon Department of Corrections (DOC) July 1, 2017 Inmate Population Profile indicated there were 14,742 inmates incarcerated in the DOC’s 14 prisons.

Data obtained from the DOC indicated that on July 1st there were 986 foreign nationals (criminal aliens) incarcerated in the state’s prison system; approximately one in every fifteen prisoners incarcerated by the state was a criminal alien, 6.69 percent of the total prison population.

Some background information, all 986 criminal aliens currently incarcerated in the DOC prison system were identified by U.S. Immigration and Customs Enforcement (ICE), a federal law enforcement agency that is part of the U.S. Department of Homeland Security. If an inmate is identified by ICE as being a criminal alien, at the federal law enforcement agency’s request, DOC officials will place an “ICE detainer” on the inmate. After the inmate completes his/her state sanction, prison officials will transfer custody of the inmate to ICE.

Using DOC Inmate Population Profiles and ICE detainer numbers, the following table reveals the total number inmates, the number of domestic and criminal alien inmates along with the percentage of them with ICE detainers incarcerated on July 1st in the state’s prisons.
 

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Inmates

DOC Total Domestic Inmates

DOC Total Inmates W/ICE Detainers

DOC % Inmates W/ICE Detainers

July 1, 2017

14,742

13,756

986

6.69%

Source: Research and Evaluation DOC Report ICE inmates list 01 July 17 and Inmate Population Profile 01 July 17.

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

OREGON DEPARTMENT OF CORRECTIONS

County

DOC Total Inmates W/ ICE Detainers by County

DOC % Inmates W/ICE Detainers by County

Marion

235

23.83%

Multnomah

209

21.20%

Washington

200

20.28%

Clackamas

79

8.01%

Lane

43

4.36%

Jackson

35

3.55%

Umatilla

24

2.43%

Yamhill

22

2.23%

Deschutes

16

1.62%

Linn

16

1.62%

Benton

15

1.52%

Klamath

15

1.52%

Polk

15

1.52%

Malheur

10

1.01%

Lincoln

7

0.71%

Clatsop

5

0.51%

Jefferson

5

0.51%

Wasco

5

0.51%

Coos

4

0.41%

Hood River

4

0.41%

Josephine

4

0.41%

Columbia

3

0.30%

Douglas

3

0.30%

Tillamook

3

0.30%

Crook

2

0.20%

Union

2

0.20%

Gilliam

1

0.10%

Lake

1

0.10%

Morrow

1

0.10%

OOS (Not a County)

1

0.10%

Sherman

1

0.10%

Baker

0

0.00%

Curry

0

0.00%

Grant

0

0.00%

Harney

0

0.00%

Wallowa

0

0.00%

Wheeler

0

0.00%

Total

986

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 July 17.

Here are the ways Oregon residents were victimized by the 986 criminal aliens.

Using DOC ICE detainer numbers, the following table reveals the number and percentage of criminal alien prisoners incarcerated on July 1st by type of crime.
 

OREGON DEPARTMENT OF CORRECTIONS

Crime

DOC Total Inmates W/ ICE Detainers by Type of Crime

DOC % Inmates W/ICE Detainers by Type of Crime

Sex Abuse

199

20.18%

Rape

173

17.55%

Homicide

138

14.00%

Drugs

111

11.26%

Sodomy

96

9.74%

Assault

79

8.01%

Robbery

55

5.58%

Kidnapping

27

2.74%

Burglary

21

2.13%

Theft

18

1.83%

Driving Offense

9

0.91%

Vehicle Theft

4

0.41%

Arson

0

0.00%

Forgery

0

0.00%

Escape

0

0.00%

Other / Combination

56

5.68%

Total

986

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 July 17.

Using the DOC Inmate Population Profile and ICE detainer numbers from July 1st, the following table reveals the total number inmates by crime type, the number of domestic and criminal alien prisoners incarcerated by type of crime and the percentage of those crimes committed by criminal aliens.
 

OREGON DEPARTMENT OF CORRECTIONS

Crime

DOC Total Inmates by Type of Crime

DOC Total Domestic Inmates by Type of Crime

DOC Total Inmates W/ICE Detainers by Type of Crime

DOC Inmates W/ICE Detainers as a % of Total Inmates by Type of Crime

Sex Abuse

1,724

1,525

199

11.54%

Rape

973

800

173

17.78%

Homicide

1,713

1,575

138

8.06%

Drugs

836

725

111

13.28%

Sodomy

1,022

926

96

9.39%

Assault

2,053

1,974

79

3.85%

Robbery

1,548

1,493

55

3.55%

Kidnapping

283

256

27

9.54%

Burglary

1,328

1,307

21

1.58%

Theft

1,119

1,101

18

1.61%

Driving Offense

224

215

9

4.02%

Vehicle Theft

464

460

4

0.86%

Arson

74

74

0

0.00%

Forgery

46

46

0

0.00%

Escape

34

34

0

0.00%

Other / Combination

1,301

1,245

56

4.30%

Total

14,742

13,756

986

 

Source: Research and Evaluation DOC Report ICE inmates list 01 July 17 and Inmate Population Profile 01 July 17.

Using DOC ICE detainer numbers, the following table reveals the self-declared countries of origin of the 986 criminal alien prisoners by number and percentage incarcerated on July 1st in the state’s prisons.
 

OREGON DEPARTMENT OF CORRECTIONS

Country

DOC Total Inmates W/ ICE Detainers by Self-Declared Country of Origin

DOC % Inmates W/ICE Detainers by Self-Declared Country of Origin

Mexico

790

80.12%

Guatemala

18

1.83%

Cuba

15

1.52%

El Salvador

13

1.32%

Honduras

13

1.32%

Vietnam

13

1.32%

Russia

10

1.01%

Federated States of Micronesia

8

0.81%

Ukraine

7

0.71%

Cambodia

4

0.41%

China

4

0.41%

Laos

4

0.41%

Marshall Islands

4

0.41%

Peru

4

0.41%

Philippines

4

0.41%

Thailand

4

0.41%

Canada

3

0.30%

England

3

0.30%

Germany

3

0.30%

Somalia

3

0.30%

Other Countries

59

5.98%

Total

986

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 July 17.

Beyond the DOC criminal alien incarceration numbers and incarceration percentages, per county and per crime type, or even country of origin, criminal aliens pose high economic cost on Oregonians.

An individual prisoner incarcerated in the DOC prison system costs the state approximately ($94.55) per day.

The DOC’s incarceration cost for its 986 criminal alien prison population is approximately ($93,226.30) per day, ($652,584.10) per week, and ($34,027,599.50) per year.

Even taking into account fiscal year 2016 U.S. Bureau of Justice Assistance (BJA), U.S. Department of Justice, State Criminal Alien Assistance Program (SCAAP) award of $1,788,075.00, if the State of Oregon receives the same amount of SCAAP funding for fiscal year 2017, the cost to incarcerate 986 criminal aliens to the DOC will be at least ($32,239,524.50). Note: At this point in time there is no indication the U.S. BJA will provide SCAAP awards in 2017.

None of preceding cost estimates for the DOC to incarcerate the 986 criminal aliens includes the dollar amount for legal services (indigent defense), language interpreters, court costs, or victim assistance.

Bibliography

Oregon Department of Corrections Population Profile July 1, 2017:
http://www.oregon.gov/doc/RESRCH/docs/inmate_profile_201707.pdf

Oregon Department of Corrections Population Profile (unpublished MS Excel workbook) titled Incarcerated Criminal Aliens Report dated July 1, 2017.

Oregon Department of Corrections Issue Brief Quick Facts IB-53, January, 2017:
http://www.oregon.gov/doc/OC/docs/pdf/IB-53-Quick%20Facts.pdf

U.S. Bureau of Justice Assistance, State Criminal Alien Assistance Program (SCAAP), 2016 SCAAP award: https://www.bja.gov/funding/FY2016-SCAAP-Award-C.PDF

This 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.

Forget California, Oregon Is The Foremost ‘Sanctuary State’ In The US

California frequently comes to mind when people think of the one state pushing back hardest against the Trump administration’s immigration agenda.

With its massive Hispanic immigrant population, outspoken big-city mayors, and Democratic-dominated government, it attracts the lion’s share of media attention as an exemplar of a sanctuary state. But for all of its pro-immigration, anti-Trump bona fides, California still falls short of its neighbor to the north.

No state has done more than Oregon to position itself as the most ardent — detractors would say say extreme — sanctuary state of all. As the Trump administration moves to crack down on jurisdictions that limit cooperation with federal immigration agents, arch-progressive, first-term Gov. Kate Brown remains defiant, advancing laws that build on Oregon’s long history of shielding illegal immigrants from the federal government.

30 years of sanctuary

The “sanctuary” term, whether referring to cities, counties or states, has become a convenient shorthand to describe any jurisdiction that refuses to assist the federal government in enforcing immigration law....

Opponents of sanctuary cities, like Attorney General Jeff Sessions, use it as an epithet to describe local governments who put politics over the safety of their citizens, while supporters like Chicago Mayor Rahm Emanuel wear it as a badge of honor in defiance of an overreaching federal government.

Oregon was a sanctuary state before anybody used the word to describe how states work, or refuse to work, with the federal government on immigration enforcement. In 1987, the Oregon legislature overwhelmingly passed a law ...

“No law enforcement agency of the State of Oregon or of any political subdivision of the state shall use agency moneys, equipment or personnel for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws,” the law states.

The blanket prohibition prevents police from arresting illegal aliens unless they have broken certain immigration-related sections of the federal criminal code or are the subject of a warrant signed by a federal judge or magistrate. Most of Oregon’s police agencies also interpret that law to mean that they cannot agree to requests from Immigration and Customs Enforcement (ICE) to hold criminal aliens in local jails beyond their release dates.

The Multnomah County Sheriffs Office, which covers the city of Portland, clarified its position in a September 2016 memo, saying that both state law and a U.S. district court decision prevent jail officials from honoring ICE detainers. Like many similarly situated sheriffs overseeing liberal counties, Multnomah County Sheriff Mike Reese has painted the sanctuary policy as a benefit to public safety.

“The Sheriff’s Office is not responsible for enforcing federal immigration policy. We are primarily responsible for local law enforcement,” Reese wrote in the memo. “In this role, it is vital community members feel comfortable calling 911 to report crimes and to participate as witnesses and victims in our local system, without fear of that information being shared with ICE.”

In effect, Oregon has for many years enforced policies that states including California and Massachusetts are now trying to put in place with their own sanctuary state legislation.

A political opportunity

Though Oregon was a sanctuary state in name and practice long before Trump became president, the state’s Democratic leaders have redoubled their efforts to protect illegal immigrants since Inauguration Day.

As soon as Trump took office and began issuing executive orders on tougher immigration enforcement, local and state authorities countered with immigration directives of their own. Particularly in Multnomah County — a bastion of West Coast progressivism where Hillary Clinton won 76 percent of the vote — opposition to the administration’s immigration policies became one of the surest ways to win political favor with liberal constituents.

The Multnomah County Board of Commissioners issued a resolution declaring the county a sanctuary jurisdiction and affirming that residents would continue to have access to all county services regardless of immigration status. The commissioners said the resolution was necessary due to “recent political events” that “have continued to spur and build a climate of hatred, bigotry, and discrimination toward many in our communities.”

At the state level, Brown followed up with a February executive order that applied the immigration-related restrictions on police to all state agencies. Much like the Multnomah County resolution, Brown’s order also prevented public agencies from making immigration status a condition of receiving public services.

Oregon’s lawmakers have also gotten in on the act with a proposal that would prohibit all “public bodies” in the state from sharing or inquiring about a person’s immigration status except in cases required by federal or state law. Democratic backers of House Bill 3464, which passed both chambers of the Oregon legislature in July, cast the measure as strengthening privacy protections for state residents....

Brown has until Aug. 11 to decide whether sign the bill into law, issue a veto or simply do nothing, which would allow the legislation to take effect automatically. The governor, a progressive darling lauded as one of the most prominent state-level opponents of the Trump administration, has previously expressed support for the bill and is unlikely to send it back to the legislature.

Oregon Democrats remain undeterred in their push to bolster the state’s sanctuary laws, even after an illegal immigrant allegedly raped a 65-year-old Portland woman in late July. The suspect, Mexican national Sergio Jose Martinez, had been deported more than a dozen times and was the subject of an ICE detainer, but Multnomah county jail officials released him from custody in December 2016 without notifying immigration agents. (RELATED: Man Who Allegedly Raped Oregon Woman Had Previous ICE Detainer, 13 Deportations)

While neither Brown nor Portland’s Democratic Mayor Ted Wheeler have publicly commented on the case, Republican state Sen. Kim Thatcher said it was a consequence of the sanctuary policies state Democrats have enacted.

“Kate Brown is sacrificing innocent Oregonians’ safety on her election altar and I think Oregonians are starting to wake up and realize the sanctuary state Kool-aid she’s forcing on all of us is horrifically toxic,” Lockwood wrote TheDCNF in an email.

'Sanctuary State' Repeal Campaign Takes Advantage Of New Oregon Rule

Backers of a campaign to repeal an Oregon law that aids undocumented immigrants are taking advantage of new petition rules to make an early start on gathering the signatures they need to qualify for the 2018 ballot. [See the Stop Oregon Sanctuaries website.]

Cynthia Kendoll, president of Oregonians For Immigration Reform, says her group was unable to make the 2016 ballot with a pair of immigrant-related measures because their signature gathering was held up by lengthy legal fights over the wording of the ballot title.

Oregon Secretary of State Dennis Richardson last month began the process of changing the rules so that initiative campaigns for the first time could gather an unlimited number of signatures before the wording of the ballot title was hashed out.

That seemingly arcane change could have a major impact on initiative campaigns, particularly ones that don’t have a lot of money to flood the streets with paid petitioners.

Kendoll said that ballot title challenges “have become more about delaying the initiative process than they are about making certain that we have proper language” for explaining a measure for voters.

A coalition called One Oregon opposes changing the 30-year-old “Sanctuary State” law, which limits local and state police cooperation with federal immigration authorities. The group has also filed a legal appeal with the state Supreme Court challenging the ballot title, which is meant to be a neutral description of the initiative.

Andrea Williams is executive director of Causa, an immigrant rights group, and a leader of the One Oregon coalition.

She said that Kendoll’s group has started early enough that it could probably qualify for the ballot even without Richardson’s new rules. She said the group filed an appeal to get the most “accurate and clear” ballot title.

Kendoll acknowledged her group is taking some risk by going ahead with signature gathering before waiting for a ballot title. 

In particular, several groups have talked about mounting a legal challenge to Richardson’s rule change. Ben Unger is the executive director of Our Oregon, a labor-backed coalition group. He said the secretary of state’s office should start over on the rules change because it contained some procedural errors. And his group is also looking into whether Richardson actually has the authority to allow initiatives to collect signatures without having a ballot title affixed to the signature sheets.

Oregon law says that petitioners have to gather at least 1,000 signatures before they can get a ballot title.  Richardson used that language to say that he could change the rules to allow petitioners to gather as many as signatures as they want until a ballot title is finalized.

If the immigration measure qualifies for the ballot next year, it could attract national attention. A large number of cities and counties around the country — including 15 in Oregon, according to Williams — have “sanctuary” protections for immigrants.

Oregon has the only statewide law, although California legislators are working on a similar measure.

Kendoll said the Oregon law should be overturned so that law enforcement in the state can fully cooperate with immigration officials. She noted the local furor involving the case of Sergio Jose Martinez, accused of attacking two women in Portland last month after being released from custody in Multnomah County last December. Federal officials say they asked the county to hold Martinez, but Sheriff Mike Reese said the agency should have issued a criminal warrant.

Williams said the Oregon sanctuary law improves public safety by encouraging immigrants to cooperate with law enforcement without fear of deportation.

Sponsors of the initiative need to gather 88,184 valid signatures by next July to qualify for the November 2018 ballot.

Man accused of attacking 2 women in NE Portland now faces 27-count indictment

A Multnomah County grand jury has returned a 27-count indictment against Sergio Jose Martinez, who is accused of attacking two women in Northeast Portland last week.

Martinez, described as a "serial immigration violator,'' is accused of sexually assaulting a 65-year-old woman July 24 after entering her Northeast Irving Street apartment through an open window, threatening her with a metal rod, tying her up with scarves and socks, punching her then escaping with her car.

Hours later, he's accused of attacking another woman at knifepoint as she was leaving work and was walking to her car in a parking garage on Northeast Halsey Street. He forced the 37-year-old woman into her car, but she got out, according to police. He then tackled her to the ground and repeatedly bashed her head into the concrete before taking off in her car, deputy district attorney Amity Girt wrote in a probable cause affidavit. "Help, he has a knife...he's threatening to kill me!,'' the woman screamed at the top of her lungs, Girt wrote.

Martinez, 31, is accused of 17 charges stemming from the sexual assault, according to the indictment. He's accused of four counts of first-degree burglary, two counts of first-degree sodomy, three counts of first-degree sexual abuse, two counts of first-degree kidnapping, two counts of first-degree robbery, and one count each of second-degree assault, unlawful use of a weapon, unauthorized use of a vehicle, and identity theft in the Irving Street case, according to the indictment.

In connection with the second attack, he's accused of nine more counts, charging him with two counts of first-degree robbery, two counts of first-degree kidnapping, and one count each of attempted first-degree sexual abuse, second-degree assault, unlawful use of a weapon, unauthorized use of a vehicle and identity theft.

A final count of first-degree criminal trespass stems from a separate allegation that he unlawfully entered an apartment on Northeast Clackamas Street in Portland as he fled from the second offense. It's also the location where police captured and arrested him. He was found with a bloody, serrated knife with a blade about six inches long, according to court records.

Before he was booked into jail, he was treated for a "meth induced psychosis,'' according to court records.

Martinez is being held on $3.6 million bail in connection with the indictment.

He's scheduled to be arraigned on the indictment at 9:30 a.m. Thursday in Multnomah County Circuit Court.

Martinez has a lengthy criminal record. His immigration status has shined renewed light on conflicting interpretations of immigration enforcement by local and federal authorities.

According to Virginia Kice, of U.S. Immigration and Customs Enforcement, Martinez is a "serial immigration violator'' who was removed from the country "no less than 13 times since 2008.'' He has a lengthy criminal history that spans three states, including prior convictions for attempted battery, burglary and illegal re-entry to the United States from Mexico.

ICE had lodged an immigration detainer against Martinez when he had been in the Multnomah County jail Dec. 7, according to the agency. The agency requested ICE be notified before his release.

No notification was given when Martinez was released from custody the next day. Multnomah County Sheriff Mike Reese issued a lengthy statement defending the release. He said the sheriff's office followed Oregon law, which prohibits public agencies from spending money, using equipment or enlisting personnel to enforce federal immigration law.

Reese said federal immigration officials should have sent a criminal arrest warrant signed by a judge to the sheriff's office to detain Martinez. Instead, Reese said, federal immigration officials issued a civil detainer, which he argued can't be used in Oregon.

Yet Kice, the ICE spokeswoman, said Wednesday that the sheriff's statement reflected a "fundamental misunderstanding of the enforcement process.''

"The cases of individuals being sought for removal are almost always handled through an administrative process as opposed to a criminal proceeding,'' Kice said. " The process doesn't involve the issuance of a judicial arrest warrant, neither is there a legal requirement that ICE provide a judicial warrant to law enforcement agencies in order to receive notification about the impending release of a criminal alien.''

Kice said the case shows the importance of recognizing immigration detainers.

"This case underscores yet again why immigration detainers are such a crucial enforcement tool for furthering public safety and why it is highly problematic, and even tragic, when jurisdictions choose to willfully ignore them,'' she said, in a prepared statement.

A Multnomah County grand jury Wednesday returned a 27-count indictment against Sergio Jose Martinez stemming from two assaults in Northeast Portland on July 24. (Aimee Green/The Oregonian )

Portland's sanctuary policies to blame for horrific rapes, says GOP leader

Portland's reckless sanctuary city policy is to blame for the rape of two women by a man deported 20 times, Oregon's top Republican official told Fox News Monday.

State GOP chairman Bill Currier told "Fox & Friends" that Sergio Martinez, who was last detained in December but promptly released, should not have been in the country a week ago when he allegedly attacked a pair of women. The horrific attacks shocked the city and stoked fresh criticism of the pro-illegal immigrant policies.

"He was given preferential treatment,” said Currier. “Essentially in Oregon, our governor and the mayor of Portland, Ted Wheeler, have created a protected class for illegal aliens that commit serious crimes."

Martinez, 31, had a detainer placed on him as a “serious immigration violator” yet immigration officials in December were not notified. Multnomah County officials ended up releasing him back into the community.

PORTLAND MAN ACCUSED OF SEXUALLY ASSAULTING 65-YEAR OLD HAD BEEN DEPORTED 20 TIMES

Martinez is now being held without bail on charges of robbery, kidnapping and sexual abuse. One of his alleged victims is a 65-year-old woman who was brutally attacked in her home. The other woman was attacked in her apartment’s parking garage. Both attacks occurred last Monday.

Martinez has reportedly told Portland police he is a meth addict. He has been homeless in Portland for the past year.

Portland is widely known as a safe haven for illegal immigrants – no matter how many times they have been deported. The city and, Multnomah County and even the state legislature – all run by Democrats – have passed law declaring themselves a sanctuary for people in the country illegally.

THE SHOCKING DEPORTATION AND CRIMINAL HISTORY OF THE MAN WHO ATTACKED TWO OREGON WOMEN

Immigration and Customs Enforcement said Martinez has been deported 13 times since 2008. He has a lengthy criminal record in three states, with charges including battery, felony, burglary and felony illegal re-entry after removal.

He was in the Multnomah County Jail in December and ICE asked the sheriff’s department to notify them when he was released. The county ignored that request – as they do for all immigration detainers.

One month after Martinez was released, Multnomah County Sheriff Mike Reese launched an investigation into one of his deputies for contacting ICE before having a pre-trial meeting with an illegal immigrant. Around the same time, a judge was accused of letting an illegal immigrant slip out of her courtroom through the employee exit to escape ICE agents out in the hallway.

That judge was later found to have done nothing wrong.

As for Martinez, taxpayers may have to end up paying for his defense. The Portland City Council awarded $50,000 to launch a project aimed at helping immigrants fight deportation and other legal issues.
 

Donald Trump in Brentwood speech vows to eliminate MS-13 gang

President Donald Trump came to the doorstep of communities hard-hit by gang violence Friday, describing some Long Island neighborhoods as “blood-stained killing fields” that are “under siege.”

Speaking at Suffolk Community College in Brentwood, Trump said he will ask Congress to augment the 6,000 immigration and customs enforcement officers currently in place by funding 10,000 more agents. He also said he will seek to add hundreds of immigration judges, and crack down on “sanctuary cities” that don’t enforce federal immigration laws.

Addressing gang members, Trump vowed: “We will find you, we will arrest you, we will jail you and we will deport you.”

Standing in front of uniformed law enforcement officers in dress blues, Trump said he supported the police — and also suggested that officers treat suspects rougher:

“Like when you guys put somebody in the car, and you’re protecting their head — the way you put the hand over — like don’t hit their head, and they’ve just killed somebody, don’t hit their head? I said, ‘You can take the hand away, okay.’”

The Suffolk County Police Department released a statement later in the evening that said, “As a department, we do not and will not tolerate roughing up of prisoners.” Suffolk’s former top uniformed officer, James Burke, is serving a federal prison sentence for beating a suspect and orchestrating a cover up.

Law enforcement has attributed 17 Long Island slayings since January 2016 to MS-13. That includes the murder of four young men lured to a Central Islip park and the murder of two teenage friends walking down the street.

Trump, who grew up in Queens, said he was surprised by the gang violence on Long Island.

“I grew up on Long Island,” he said. “I didn’t know about this. . . . I never thought I’d be up here talking about liberating the towns of Long Island, where I grew up.”

Trump shook hands with officers as he took the stage and was greeted with chants of “USA! USA!” from the crowd of uniformed officers and Republican elected officials.

Trump told police officers in attendance, “We have your backs 100 percent, not like in the old days.” Police cheered the remark.

“I am the big, big admirer, and believer, in law enforcement, from day one,” he said in his 37-minute speech. “We are going to destroy the vile criminal cartel, MS-13, and many other criminal gangs.”

Rep. Peter King (R-Seaford) introduced Trump, calling the president a “great advocate” for law enforcement. “President Trump knows that blue lives do matter,” he said. “MS-13 is going to be destroyed . . . ”

Some community members and immigration advocates said the president exaggerated the dangers in the community to justify an immigration crackdown.

“I drove through Brentwood this morning and people were jogging, children were playing in the street. It’s complete hyperbole and misreprents the community,” said Walter Barrientos, Long Island organizing director for immigration group Make the Road New York.

Assemb. Phil Ramos (D-Brentwood) said Suffolk County police and the FBI have worked diligently to address the gang murders. “The community is going through a very difficult time, but President Trump is using these tragedies as a way to inflame anti-immigrant feelings, purely for political gains,” he said.

Robert Zimmerman, a Democratic National Committeeman from Great Neck, said Trump used the police as a political tool.

“We all recognize the savagery and the evil of MS-13, but when the president referred to Long Island as a killing field, that was an affront to every Suffolk and Nassau police officer,” he said.

Others praised the speech. Evelyn Rodriguez, the mother of Kayla Cuevas, one of the girls murdered by MS-13, was invited to attend the speech by Rep. Peter King’s office.

“What he was saying was what we’ve been asking for — more resources, for him to support our Suffolk PD,” she said in an interview after the president’s speech. “We need change here in our community.."

Fuad Faruque, 21 of Brentwood and vice-chair of the Stony Brook College Republicans, said he lived in the community all his life. “People do not feel safe at night walking their streets. Businesses are ashamed to say they’re based there. I don’t think it’s hyperbole,” he said....

Returning to the topic of immigration, Trump also said, “We will build the wall,” saying it would help prevent illegal immigration from Mexico and obstruct the drug trade. “The wall is vital as a tool for ending the humanitarian disaster.”

Trump blamed former President Barack Obama’s immigration policies for allowing a surge of criminals into the country.

He said of 150,000 unaccompanied minors that have entered the United States, 4,000 came to Suffolk — including seven now indicted for murder.

He also appeared to take a broader swipe at current immigrants.

“You say, what happened to the old days where people came into this country, they worked and they worked and they worked, and they had families, and they paid taxes, and they did all sorts of things, and their families got stronger, and they were closely knit? We don’t see that.”

ICE CHIEF WANTS TO SLAP SMUGGLING CHARGES ON LEADERS OF SANCTUARY CITIES

The country’s top immigration enforcement officer says he is looking into charging sanctuary city leaders with violating federal anti-smuggling laws because he is fed up with local officials putting their communities and his officers at risk by releasing illegal immigrants from jail.

Thomas Homan, the acting director of U.S. Immigration and Customs Enforcement, also told Americans to expect more work site enforcement targeting unscrupulous employers and more 287(g) agreements with willing police and sheriff’s departments that want to help get illegal immigrants off their streets. Eventually, he said, ICE will break the deportation records of 409,849 migrants set in 2012 under President Obama.

“I think 409,000 is a stretch this year, but if [the Justice Department] keeps going in the direction they’re going in, if we continue to expand our operational footprint, I think we’re going to get there,” he told The Washington Times. “Our interior arrests will go up. They’re going to top last year’s for sure.”

Mr. Homan is the spear tip of President Trump’s effort to step up immigration enforcement — perhaps the largest swing in attitude for any agency in government from the last administration to the current one.

Agents and officers have been unshackled from the limits imposed by Mr. Obama, whose rules restricted arrests to less than 20 percent of the estimated illegal immigrant population.

Now, most illegal immigrants are eligible for deportation, though Mr. Homan said serious criminals, recent border crossers and people who are actively defying deportation orders are still the agency’s priorities.

He said the biggest impediment to expanding deportations is no longer ICE priority, but rather a huge backlog in the immigration courts, which are part of the Justice Department. Migrants who in the past would have admitted their unauthorized status and accepted deportation are now fighting their cases.

“They can play the system for a long time,” he said.

That resistance extends well beyond the courtroom.

Migrants are increasingly refusing to open doors for his officers and, when they do, the encounters are turning violent, Mr. Homan said. Use-of-force instances are up about 150 percent, and assaults on ICE officers are up about 40 percent, he said.

Local officials are also pushing back, declaring themselves sanctuaries and enacting policies that block their law enforcement officers from cooperating with ICE.

The refusals range from declining to hold migrants beyond their regular release time to refusing all communication — even notifying ICE when a criminal deportable alien is about to be released into the community.

For Mr. Homan, who came up through the ranks of the Border Patrol and then ICE as a sworn law enforcement officer, that sort of resistance is enraging.

“Shame on people that want to put politics ahead of officer safety, community safety,” he said.

Sanctuaries say that cooperating with ICE frightens immigrants — both legal and illegal — and makes them less likely to report other crimes. They say that is a bigger threat to public safety than crimes committed by illegal immigrants.

Solid data are tough to come by, though some police chiefs say they have been able to calculate drops in crime reporting among Hispanics since Mr. Trump took office, and they blame his get-tough approach to illegal immigration.

ICE is also facing headwinds in the courts. One judge this week halted efforts to deport Iraqi migrants who have been convicted of serious crimes and have been ordered deported, but who now say as Christians they fear for their lives if sent back to their home country.

The judge faulted the U.S. for not being able to guarantee that the deportees won’t end up in territory controlled by Islamic State terrorists, who routinely execute Christians.

The Massachusetts Supreme Judicial Court this week issued a ruling that law enforcement cannot hold migrants for pickup by ICE beyond their normal release times. That effectively forbids police from complying with detainer requests, which ask local authorities to hold targets for up to 48 hours.

Mr. Homan said one officer in a jail can process 10 people a day, but once someone is released, it takes a whole team of officers to track down and arrest the person in the community — where interaction is more dangerous for all sides.

That has helped fuel the spike in violent encounters that Mr. Homan highlighted in the interview.

“When we knock on doors, as any law enforcement officer will tell you, it’s risky, it’s dangerous. Compare that to arresting someone in the jail, when you know they don’t have weapons in the jail,” he said.

“It’s a matter of time before one of my officers is seriously hurt or doesn’t go home because someone made a political decision on the backs of my officers,” he said.

But he said he won’t be chased out of “sanctuaries” and pointedly raised a section of federal code — 8 U.S.C. 1324 — that outlaws attempts to “conceal, harbor or shield” illegal immigrants.

“I think these sanctuary cities need to make sure they’re on the right side of the law. They need to look at this. Because I am,” he said.

Asked whether that means he will recommend prosecutions, he said, “We’re looking at what options we have.”

The law carries a penalty of five years in prison in most cases, but penalties could rise to include life in prison or even death if someone is killed during the crime.

Mr. Homan said refusing to cooperate is counterproductive for sanctuary cities, whose goal is to protect illegal immigrants from deportation. He said if his agents have to knock on doors in the community, then thy are likely to encounter still more illegal immigrants to round up.

“If I arrest a bad guy in the jail, I arrest him. But if I go to his home or his place of employment and arrest the bad guy, and there’s five guys with him? They’re going to come too,” the chief said.

Indeed, those kinds of arrests have stirred anger among advocacy groups, which say “collateral” arrests are hurting immigrant communities.

Not all communities are resisting.

Mr. Homan said the number of police and sheriff’s departments signed up for the 287(g) program allowing them to help process illegal immigrants for deportation from their jails has already doubled under Mr. Trump and should triple by the end of the year.

He said he also has received inquiries from departments that want to restore 287(g) task forces, which would train state and local police to enforce immigration laws on the streets. Mr. Homan said he is studying that possibility.

Mr. Homan has become a target for immigrant rights groups — particularly after the ICE chief linked this weekend’s horrific deaths of 10 migrants at the hands of smugglers to sanctuary cities.

“Dishonest and disgusting,” said Frank Sharry, executive director of America’s Voice Education Fund. “This country deserves an immigration debate that connects the dots between development and opportunity in home countries, safe and legal migration policies, and intelligent immigrant integration policies. What it doesn’t need are hard-liners shamelessly politicizing a tragedy.”

Mr. Homan, who led the investigation into an even worse 2003 incident in which 19 migrants died in a trailer in Victoria, Texas, said the solution is to enforce the laws and persuade people not to make the dangerous journey in the first place.

His agency has even begun arresting parents who pay smugglers to bring their children on the dangerous journey to the U.S. Mr. Homan said it was too early to talk about numbers for that operation.

But he challenged his critics to see what he sees.

“People who don’t think we should enforce immigration law — I wish they’d hang out with me for a week,” Mr. Homan said. “I wish they were with me in Phoenix, Arizona — people held hostage. A guy with duct tape all over his body, with a hole poked out in his mouth where he breathed through a straw for days, until they paid his fee. They weren’t with me on the trail in the Border Patrol where we found dead aliens abandoned by smugglers. They weren’t with me standing in the back of that traffic trailer with a 5-year-old boy who suffocated in his father’s arms.”

Man accused of attacking women has long criminal past

PORTLAND, Ore. (KOIN) – Police previously arrested the 31-year-old man linked to two violent attacks on women in Northeast Portland more than 10 times in the past decade, according to records obtained by KOIN 6 News.

Sergio Jose Martinez remains in the Multnomah County Detention Center with bail set at more than $2 million.

On Wednesday, Martinez was arraigned at the Multnomah County Justice Center on a total of 13 felonies including burglary, sodomy, sexual abuse, robbery and unlawful use of a motor vehicle.

He has been linked to two separate attacks on July 24 in Northeast Portland.

The first attack happened near the intersection of Northeast 17th and Irving, according to police. Martinez used scarves and socks to bind the victim’s hands and feet and blindfolded her, according to court documents. He proceeded to violently attack the woman physically and sexually.

The second attack happened near Northeast 21st and Halsey several hours after the first attack, according to police. Martinez is accused of approaching a woman with a knife and threatening to kill her. Police believe that Martinez was trying to kidnap the woman as she left work.

According to an official Portland Police Bureau report, officers have arrested Martinez a total of 13 times since 2008.

February 2008 – Drinking in public
March 2008 – Theft of a motor vehicle
March 2008 – Hit and run
January 2017 – Criminal trespassing
February 2017 – Drug offenses
February 2017 – Interfering with public safety
March 2017 – Fugitive Warrant
March 2017 – Detox, civil hold
March 2017 – Fugitive warrant
April 2017 – Theft of services
April 2017 – Shoplifting
June 2017 – Fugitive warrant
July 2017 – Criminal trespassing

He was also cited in June 2017 for providing false information to police.

Prior to his arrest on Monday, his most recent arrest was for criminal trespassing. Details about that case were not immediately disclosed because of the on-going investigation into the two assaults Martinez is accused of committing.

The police bureau has a total of 7 different names and various birth dates Martinez has used over the years.

Martinez has a history of illegal entry into the US

Records show Martinez, at the time of his arrest on Monday, did not have a fixed address and was considered by the bureau as “transient.” In December 2016 and February 2017, Martinez used an address in the 6900 block of Southeast Nehalem Street. Attempts to reach the current owner of the residence listed were not immediately successful Wednesday night or Thursday morning.

According to court records reviewed by KOIN 6 News, Martinez’s first criminal case in Multnomah County was filed in March 2008. He was charged with three misdemeanors. The case went into warrant status in April 2008 when Martinez failed to show up for his arraignment. He was arraigned on the case in December 2016 but the case was dismissed by the DA’s Office for unknown reasons in January 2017.

In January 2017, the DA’s Office also dismissed a 9-count indictment filed against Martinez in March 2008. The case remained in warrant status for years, according to court records.

On December 29, 2016, Martinez was issued a citation for violating TriMet rules for riding a MAX without a fare at the Hollywood Transit Center. He has never paid his fine and the case has been sent to a collection agency, according to court documents. Martinez received similar citations, which also went into collection status, in March and April 2017.

In April 2017, the DA’s Office declined to prosecute Martinez on charges of interfering with public transportation and theft of services. Details of the case were not immediately available.

Martinez’s first conviction in the Multnomah County Circuit Court came in July 2017 when Martinez entered a guilty plea to one count of second-degree criminal trespassing and one count of interfering with a peace officer. Records show there was a “sentence of discharge.” Under Oregon law, if imposed a sentence of discharge, “the defendant shall be released with respect to the conviction for which the sentence is imposed without imprisonment, probationary supervision or conditions.”

Earlier this month, prosecutors also dismissed a single count of possession of meth and giving false information filed against Martinez. Records show the DA’s Office dismissed the drug case and the false info case as part of the plea agreement reached in the criminal trespassing case and interfering case.

On July 12, 2017, the Multnomah County Pretrial Services Program issued a report pertaining to the potential release of Martinez while he was in custody. The author recommended Martinez be held in custody. The report revealed Martinez has a lengthy criminal record out of California including being an alien found in the United States after deportation, parole violations, illegal re-entry to the United States, burglary, battery, theft and obstructing a public officer.

Other jail records show that “[Martinez] has entry/removal from United States to/from Mexico 20 times with at least 5 probation violations from re-entry.”

Jail records submitted in March 2017 show Martinez’s most recent deportation to Mexico was Nov. 2, 2016. It remains unknown how or when he returned to the United States.

Several federal cases have been filed against Martinez for his alleged illegal re-entry into the United States.

A spokesperson with U.S. Immigration and Customs Enforcement told KOIN 6 News Wednesday that the agency was looking into Martinez’s cases and would provide an update later Thursday.

In a letter dated September 21, 2016, Multnomah County Sheriff Mike Reese wrote that the county is “not responsible for enforcing federal immigration policy….MCSO follows the direction of the Federal District Court of Oregon prohibiting local jail systems from honoring ICE detainees. Additionally, there are provisions of Oregon law which restrict our cooperation with federal immigration authorities.”

The letter goes on to state, “The Multnomah County Sheriff’s Office does not hold persons in jail based upon their immigration status.”

In a joint statement issued in January 2017, eight high-ranking elected officials within Multnomah County issued a statement reiterating the county’s policy.

“The Multnomah County Sheriff’s Office does not give ICE officers access to areas of court facilities that are not open to the public, and does not permit ICE officers to maintain a presence in any County correctional facility….The Multnomah County District Attorney’s Office does not notify or alert immigration officials or agencies regarding individuals with whom [it] come[s] into contact.”

Martinez is due back in court next month. Portland police told KOIN 6 News it is likely additional charges will be filed against him.

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