ICE

Oregon Department of Corrections: Foreign National Sex Crime Report August 2017

Data obtained from the Oregon Department of Corrections (DOC) indicated that on August 1, 2017 that 471 of the 984 foreign nationals (criminal aliens) in the state’s prison system were incarcerated for three types of sex crimes (sex abuse, rape and sodomy), 47.87 percent of the criminal alien prison population.

The following table identifies the types, numbers and percentages of sex crimes committed by the 471 criminal aliens with U.S. Immigration and Customs Enforcement (ICE) immigration detainers incarcerated on August 1st in DOC prisons.
 

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

200

42.46%

Rape

174

36.94%

Sodomy

97

20.59%

Total

471

100.00%

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

Using DOC ICE detainer numbers, the following table reveals the number and percentage of 471 criminal alien prisoners incarcerated on August 1st that were sent to prison from the state’s 36 counties for the crimes of sex abuse, rape and sodomy.
 

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

49

49

32

130

27.60%

 

Washington

49

44

19

112

23.78%

 

Multnomah

32

25

17

74

15.71%

 

Lane

8

15

6

29

6.16%

 

Clackamas

12

10

4

26

5.52%

 

Jackson

8

5

4

17

3.61%

 

Yamhill

4

6

3

13

2.76%

 

Deschutes

6

2

3

11

2.34%

 

Linn

8

1

1

10

2.12%

 

Benton

3

4

0

7

1.49%

 

Malheur

3

3

0

6

1.27%

 

Polk

4

1

1

6

1.27%

 

Klamath

4

0

0

4

0.85%

 

Umatilla

1

1

2

4

0.85%

 

Clatsop

2

1

0

3

0.64%

 

Coos

0

2

1

3

0.64%

 

Lincoln

1

1

1

3

0.64%

 

Hood River

0

2

0

2

0.42%

 

Jefferson

1

1

0

2

0.42%

 

Wasco

1

1

0

2

0.42%

 

Columbia

1

0

0

1

0.21%

 

Crook

0

0

1

1

0.21%

 

Douglas

0

0

1

1

0.21%

 

Josephine

1

0

0

1

0.21%

 

Morrow

1

0

0

1

0.21%

 

Tillamook

0

0

1

1

0.21%

 

Union

1

0

0

1

0.21%

 

Baker

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

200

174

97

471

100.00%

 

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

Using DOC ICE detainer numbers, the following table reveals the self-declared countries of origin of the criminal alien prisoners by number and percentage incarcerated on August 1st in the state’s prisons for the crimes of sex abuse, rape and sodomy.
 

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

174

143

78

395

83.86%

Guatemala

6

5

1

12

2.55%

El Salvador

1

3

5

9

1.91%

Fed. St. Micron.

3

0

2

5

1.06%

Russia

1

2

1

4

0.85%

Honduras

1

2

0

3

0.64%

Ukraine

1

1

1

3

0.64%

Vietnam

0

2

1

3

0.64%

Cuba

1

1

0

2

0.42%

Ecuador

0

1

1

2

0.42%

England

1

0

1

2

0.42%

Peru

2

0

0

2

0.42%

Philippines

0

0

2

2

0.42%

Wales

0

2

0

2

0.42%

Other Countries

9

12

4

25

5.31%

Total

200

174

97

471

100.00%

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

Criminal aliens from 37 different countries sexually abused, raped and sodomized residents in the state of Oregon.

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 to help them assess the impact of foreign national crime in the state. He can be reached at docfnc@yahoo.com or at http://docfnc.wordpress.com/
 

 


 

ICE arrests 33 in Portland during operation targeting sanctuary cities

Federal immigration agents arrested 33 people in Portland during a four-day operation targeting sanctuary cities across the nation this week, U.S. Immigrations and Customs Enforcement officials said in a statement Thursday.

Nearly 500 people were arrested for federal immigration violations during the operation...

Agents focused their attention on cities and regions where local law enforcement don't honor immigration detainers...

The operation targeted people with prior criminal convictions, pending criminal charges and gang ties and those who re-entered the country after they were deported...

ICE acting director Tom Homan said in a statement that agents targeted sanctuary cities because "non-cooperation policies" undermine public safety.

"Sanctuary jurisdictions that do not honor detainers or allow us access to jails and prisons are shielding criminal aliens from immigration enforcement and creating a magnet for illegal immigration," he said. "As a result, ICE is forced to dedicate more resources to conduct at-large arrests in these communities."

Multnomah County's policies against sharing information with immigration authorities were criticized in July after a man who had been deported 12 times allegedly attacked two women....

Here's a breakdown of people arrested in each region:

-Baltimore: 28

- Cook County, Illinois: 30

- Denver: 63

- Los Angeles: 101

- New York: 45

- Philadelphia: 107

- Portland: 33

- Santa Clara County, California: 27

- Washington, D.C.: 14

- Massachusetts: 50

Some of the people arrested will be federally prosecuted for alleged illegal entry and re-entry after removal, ICE officials said. Others will administratively processed for deportation.

Oregon’s Marion County First in Foreign National Crime in August 2017

On August 1, 2017 Oregon’s Marion County had 232 of the 984 foreign nationals (criminal aliens) incarcerated in the Oregon Department of Corrections (DOC) prison system; the county was first in foreign national crime in the state with 23.58 percent of the criminal aliens in DOC prisons.

The following table reveals how Marion County residents were harmed or victimized by the 232 criminal aliens incarcerated on August 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 Marion County by Type of Crime

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

Rape

49

21.12%

Sex Abuse

49

21.12%

Sodomy

32

13.79%

Homicide

22

9.48%

Assault

16

6.90%

Kidnapping

11

4.74%

Robbery

10

4.31%

Drugs

9

3.88%

Burglary

6

2.59%

Theft

5

2.16%

Driving Offense

1

0.43%

Vehicle Theft

1

0.43%

Arson

0

0.00%

Escape

0

0.00%

Forgery

0

0.00%

Other / Combination Crimes

21

9.05%

Total

232

100.00%

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

This table reveals, using the DOC ICE detainer numbers from August 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 Marion 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 Marion County by Type of Crime

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

Sex Abuse

200

49

24.50%

Rape

174

49

28.16%

Homicide

138

22

15.94%

Drugs

112

9

8.04%

Sodomy

97

32

32.99%

Assault

77

16

20.78%

Robbery

53

10

18.87%

Kidnapping

25

11

44.00%

Burglary

23

6

26.09%

Theft

18

5

27.78%

Driving Offense

9

1

11.11%

Vehicle Theft

4

1

25.00%

Arson

0

0

0.00%

Forgery

0

0

0.00%

Escape

0

0

0.00%

Other / Combination Crimes

54

21

38.89%

Total

984

232

 

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

The following table reveals the self-declared countries of origin of the majority of the 232 criminal aliens with ICE immigration detainers who have harmed or victimized the residents of Marion County in the DOC prison system.
 

OREGON DEPARTMENT OF CORRECTIONS

Country

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

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

Mexico

204

87.93%

Federated States of Micronesia

3

1.29%

Cambodia

2

0.86%

El Salvador

2

0.86%

Marshall Islands

2

0.86%

Russia

2

0.86%

Vietnam

2

0.86%

Other Countries

15

6.47%

Total

232

100.00%

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

Criminal aliens from 20 different countries have harmed or victimized the residents of Marion 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 Marion 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/

Jeff Sessions to Oregon: State’s ‘sanctuary’ policies ‘endanger us all’

PORTLAND — In a speech to federal law enforcement officers, U.S. Attorney General Jeff Sessions on Tuesday urged Oregon politicians to reconsider the state’s “sanctuary” law.

Sessions pointed to a slew of high-profile crimes committed by unauthorized immigrants in Oregon and nationwide as he tried to make the case that the 1987 state law makes Oregonians less safe.

“The problem is that the (sanctuary) policies tie your hands,” he told the law enforcement officials and other federal workers. “Sanctuary policies endanger us all.”

Sessions’ 20-minute address at the U.S. Citizenship and Immigration Services office in north Portland, in a room normally used for immigrant naturalization ceremonies, contained few surprises.

The Trump administration all year has been pressuring sanctuary cities and states to enforce federal immigration laws or lose federal funding.

Oregon’s leaders have staunchly resisted those efforts, however, though an effort is underway to ask voters to repeal the sanctuary law next November.

Oregon’s law limits communications and information sharing between local law enforcement and federal immigration officials, allegedly making it tougher for federal authorities to apprehend Oregon residents for immigration law violations.

But the state law gives local police some wiggle room. Lane County, for example, provides more information to federal officials about foreign-born jail inmates than Multnomah County provides about its jail population.

The federal government has said it typically wants local police to detain unauthorized immigrants until federal officials can arrive to take them into custody. Oregon law doesn’t allow that level of cooperation.

A crowd of protesters arrived several hours before Sessions. They held signs and led derogatory chants about the attorney general in a corralled area a fair distance away from the immigration office building. Their raucous chants could be heard, faintly, during the attorney general’s address.

Democrats also pushed back on Sessions’ message.

In a public letter, Portland Mayor Ted Wheeler accused the Trump Administration of trying to “coerce local law enforcement agencies to enforce federal immigration laws.”

“In Portland, we do not merely tolerate diversity, we celebrate it,” he wrote.

Sessions suffered a defeat last week when a federal judge in Illinois temporarily blocked his efforts to withhold federal money for police from sanctuary cities.

The judge agreed with the city of Chicago’s argument that the attorney general doesn’t have the authority to add new conditions for local government to receive grants.

Sessions didn’t mention that ruling on Tuesday, but he did try to refute a common argument in favor of sanctuary policies: that they allow unauthorized immigrants to report crimes to local police without fear of local police then alerting federal immigration authorities who would deport those immigrants.

“That does not make sense to me,” Sessions said Tuesday. “Would releasing someone who had been arrested 10 times this year into your community give you more confidence in law enforcement?” Critics of sanctuary laws say the laws allow repeat offenders of local or state laws to remain at liberty in the United States, even though those people could be deported because of their illegal immigration status.

Sessions referred to an Oregon case involving Sergio Martinez, an unauthorized immigrant who had been deported 20 times. Martinez allegedly committed several crimes after the Multnomah County jail released him late last year.

Federal officials, including acting U.S. Attorney for Oregon Billy Williams, are upset that Multnomah County didn’t honor a federal “detainer” request to keep Martinez in jail until federal officials could pick him up.

But sheriffs in Oregon say the state’s 1987 sanctuary law and court rulings prevent them from complying with federal detainer requests or providing any form of assistance or support to federal immigration enforcement officials.

“Political leaders have directed state and local officers to refuse these (detainer) requests,” Sessions said. “Cooperation has been a key element in informed crime fighting for decades.”

Similar conflicts between local and federal law enforcement agencies are playing out across the nation.

However, Oregon sheriffs have some leeway in how they choose to interpret and implement the state’s sanctuary law.

In Lane County, jail booking information for everyone, including foreign-born inmates, is entered into a state database that federal immigration officials can access.

If requested, the county will call federal authorities to give them 30 minutes notice before an inmate they’ve asked to track is released from jail, according to Carrie Carver, a spokeswoman for the sheriff’s office.

That is somewhat similar to a crime victim notification system that exists, under which the general public can sign up to monitor specific inmates.

Lane County also allows federal ICE officers into the jail’s “pre-booking” area to potentially pick inmates up. The general public cannot access those areas.

Conversely, Multnomah County earlier this year clarified that their policy allows deputies to provide no more information and no more access to county facilities than what the county provides to the general public.

OFIR meeting Saturday, Sept. 30 - don't miss this one!

Alert date: 
2017-09-20
Alert body: 

You won't want to miss this meeting!  OFIR has invited two NW United States Regional immigration officers to join us.

Not long ago Governor Brown sent out a very misleading Press Release filled with misinformation about Immigration and Customs Enforcement actions in our state.

So, just exactly what can agents do - and not do, while enforcing immigration laws in Oregon?

Melissa Nitsch, the Community Relations Officer for ICE covering Washington, Oregon, and Alaska and Quinn Andrus, Community Relations Officer for U.S. Citizenship & Immigration Services will join us ...prepared to separate the real facts from the fear fanning fiction about ICE operating in Oregon.

This is a must attend event.  Invite a friend to join you Saturday, Sept. 30 from 2 – 4pm at the Best Western Mill Creek Inn, across from Costco in Salem

If you have questions, please call 503.435.0141

 1 person, standing


 

Oregon Department of Corrections: Criminal Alien Report August 2017

The Oregon Department of Corrections (DOC) August 1, 2017 Inmate Population Profile indicated there were 14,722 inmates incarcerated in the DOC’s 14 prisons.

Data obtained from the DOC indicated that on August 1st there were 984 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, 6.68 percent of the total prison population.

Some background information, all 984 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 August 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

August 1, 2017

14,722

13,738

984

6.68%

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

Using DOC ICE detainer numbers, the following table reveals the number and percentage of criminal alien prisoners incarcerated on August 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

232

23.58%

Multnomah

209

21.24%

Washington

202

20.53%

Clackamas

77

7.83%

Lane

43

4.37%

Jackson

35

3.56%

Umatilla

24

2.44%

Yamhill

22

2.24%

Deschutes

17

1.73%

Linn

16

1.63%

Benton

15

1.52%

Klamath

15

1.52%

Polk

15

1.52%

Malheur

9

0.91%

Lincoln

7

0.71%

Wasco

6

0.61%

Clatsop

5

0.51%

Jefferson

5

0.51%

Josephine

5

0.51%

Coos

4

0.41%

Hood River

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%

Baker

0

0.00%

Curry

0

0.00%

Grant

0

0.00%

Harney

0

0.00%

Sherman

0

0.00%

Wallowa

0

0.00%

Wheeler

0

0.00%

Total

984

100.00%

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

Here are the ways Oregon residents were victimized by the 984 criminal aliens.

Using DOC ICE detainer numbers, the following table reveals the number and percentage of criminal alien prisoners incarcerated on August 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

200

20.33%

Rape

174

17.68%

Homicide

138

14.02%

Drugs

112

11.38%

Sodomy

97

9.86%

Assault

77

7.83%

Robbery

53

5.39%

Kidnapping

25

2.54%

Burglary

23

2.34%

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

54

5.49%

Total

984

100.00%

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

Using the DOC Inmate Population Profile and ICE detainer numbers from August 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

1,726

1,526

200

11.59%

Rape

977

803

174

17.81%

Homicide

1,720

1,582

138

8.02%

Drugs

833

721

112

13.45%

Sodomy

1,025

928

97

9.46%

Assault

2,041

1,964

77

3.77%

Robbery

1,521

1,468

53

3.48%

Kidnapping

282

257

25

8.87%

Burglary

1,328

1,305

23

1.73%

Theft

1,131

1,113

18

1.59%

Driving Offense

222

213

9

4.05%

Vehicle Theft

470

466

4

0.85%

Arson

73

73

0

0.00%

Forgery

49

49

0

0.00%

Escape

36

36

0

0.00%

Other / Combination

1,288

1,234

54

4.19%

Total

14,722

13,738

984

 

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

Using DOC ICE detainer numbers, the following table reveals the self-declared countries of origin of the 984 criminal alien prisoners by number and percentage incarcerated on August 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

787

79.98%

Guatemala

18

1.83%

Cuba

15

1.52%

El Salvador

15

1.52%

Honduras

13

1.32%

Vietnam

13

1.32%

Russia

9

0.91%

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%

Somalia

3

0.30%

South Korea

3

0.30%

Other Countries

59

6.00%

Total

984

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 August 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 984 criminal alien prison population is approximately ($93,037.20) per day, ($651,260.40) per week, and ($33,958,578.00) 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 984 criminal aliens to the DOC will be at least ($32,170,503.00). 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 984 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 August 1, 2017:
http://www.oregon.gov/doc/RESRCH/docs/inmate_profile_201708.pdf

Oregon Department of Corrections Population Profile (unpublished MS Excel workbook) titled Incarcerated Criminal Aliens Report dated August 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.

David Olen Cross
Cell Phone: 503.991.2089
E-mail: davidolencross@hotmail.com


 

Jeff Sessions can't withhold grant money from sanctuary cities, judge rules

A federal judge in Chicago has ruled Attorney General Jeff Sessions can't withhold public grant money from so-called sanctuary cities for refusing to follow federal immigration policies.

U.S. District Judge Harry Leinenweber made the ruling Friday, in which he granted Chicago's request for a temporary "nationwide" injunction.

The ruling means the Justice Department cannot deny grant money requests until Chicago's lawsuit against the agency is concluded. Leinenweber wrote that Chicago has shown a "likelihood of success" in its arguments that Sessions overstepped his authority with the requirement.

The city of Chicago sued the Trump administration in August after it threatened to withhold funds from sanctuary cities, and refused to comply with the Justice Department's demand that it allow immigration agents access to local jails and notify agents when someone in the U.S. is about to be released from custody.

SANCTUARY CITIES: WHAT ARE THEY?

At least seven cities and counties, including Seattle and San Francisco, as well as the state of California, have refused to cooperate with new federal rules regarding sanctuary cities.

The ruling is another blow to Sessions, a longtime champion of tougher immigration laws.

Earlier this month, Sessions announced that the administration would end Deferred Action for Childhood Arrivals (DACA), a program that protects young immigrants who were brought to the U.S. illegally as children or came with families who overstayed their visas.

President Trump later announced he was working on an agreement to protect them.

It's unclear whether the ruling means the Leinenweber will ultimately decide in favor of the city.

Motel 6 stops calling ICE on illegals after newspaper publicizes the practice

Motel 6 announced it will stop sending customer lists to Immigration and Customs Enforcement (ICE) on Wednesday after its corporate office was made aware of the practice at some locations.

The company’s announcement came just hours after the Phoenix New Times reported that at least two Arizona Motel 6 locations were sending guest lists to ICE agents every morning, prompting ICE sting operations at the businesses.

At least 20 undocumented immigrants have been arrested under this practice, the New Times reported.

“This was implemented at the local level without the knowledge of senior management,” Motel 6 said in a statement. “When we became aware of it last week, it was discontinued.”

After the Phoenix New Times investigated court records and found that between February and August of this year, U.S. Immigration and Customs Enforcement agents made 20 arrests at the same two Motel 6 locations in Phoenix, they called out the motel chain.

Located in predominantly Latino neighborhoods, the two motels are suspected of having called federal immigration officials about undocumented guests who checked in for short stays.

The newspaper reported that the two franchise locations of the motel were sending their guest lists to ICE agents “every morning,” and possibly receiving $200 per undocumented immigrant caught in the sting.

“We send a report every morning to ICE — all the names of everybody that comes in,” one front-desk clerk told the Times. “Every morning at about 5 o’clock, we do the audit, and we push a button and it sends it to ICE.”

Immigration attorney Denise Aguilar wrote in an email to the newspaper that some of her clients “have heard (no telling how valid the info is) that ICE [was] paying $200 per person for the front-desk clerk to report.”

According to the news outlet, ICE agents performed “knock and talks” at the locations after receiving the guest lists, which means officers showed up at the hotel without a warrant and knocked on doors, asking permission to enter. If they were refused, they’d come back with a warrant.

“It’s not some big conspiracy,” ICE spokesperson Yasmeen Pitts O’Keefe told the Phoenix New Times. “If they’re given consent, then they can come in. If they’re not, then they can come back with a search warrant.”

There were at least 20 ICE arrests at the two Motel 6 locations between February and August, but Pitts O’Keefe would not disclose from whom ICE got its leads on where undocumented immigrants are staying.

“I wouldn’t be able to confirm how we are getting our information. Those are investigative techniques that we wouldn’t be able to talk about,” she told the New Times. “If, hypothetically, we were somewhere … if we did administratively arrest some folks — that happens all the time. We conduct targeted enforcement operations every day.”

Oregon Expands Dangerous Sanctuary Law

While California is the most well-known sanctuary state, Oregon was actually the first one in the country. (The Daily Caller, Aug. 8, 2017) It passed its sanctuary law over 30 years ago. (Id.) Now that Governor Kate Brown has signed HB 3464, Oregon gets a new distinction, now being the most extreme sanctuary state. (Id.) Oregon’s new law makes it nearly impossible for state and local law enforcement to cooperate with federal immigration officials and allows criminal aliens, even those convicted of the most serious crimes, to escape immigration enforcement. (H.B. 3464)

Specifically, the law prohibits state and local agencies in Oregon from sharing information about individuals including their contact information, time and location of their public appointments, the identity of relatives, and their place of employment. (Id.) The law also prohibits these institutions from requesting information about a person's immigration or citizenship status. (Id.) If they already have that information, they “may decline to disclose” the status to federal authorities unless required by law or court order, according to the new law. (Id.)

Outrageously, Governor Brown signed the sanctuary law a mere two weeks after criminal alien Sergio Jose Martinez was accused of raping a 65 year-old woman in her home and sexually assaulting another woman in a parking garage. (The Washington Times, Aug. 16, 2017) Martinez had previously been deported 20 times and had a long history of criminal activity, including burglary and battery, spanning several states. (The Oregonian, Aug. 3, 2017) In December 2016, Martinez was in a Multnomah County jail when Immigration and Customs Enforcement (ICE) issued a detainer on him. (Id.) Despite the detainer request, Multnomah County released him from jail without contacting ICE. (Id.) Multnomah County Sheriff Mike Reese said that he could not detain Martinez because of Oregon’s sanctuary law. (See KGW.com, Aug. 1, 2017) In June, Martinez was arrested again in Multnomah County. (Id.) He was released on July 17, after serving 31 days in jail. (Id.) One week later, Martinez was arrested for those violent sexual attacks on the two women. (Id.)


 

Portland sex attack suspect's 12 deportations inflame immigration debate

Sergio Martinez returned to Portland after nearly a decade's absence. But he'd been busy in the meantime: Deported 12 times. Convicted three times for illegal re-entry. A rap sheet of crimes from burglary to theft in three states.

Immigration agents noticed his name on a Multnomah County list of jail inmates last December. They asked the Sheriff's Office to alert them before releasing Martinez so they could send him back to Mexico one more time.

But they never heard a word. Martinez spent a night in the downtown jail, then was out.

Police in Portland arrested Martinez five more times over the next six months. Each time, he was booked into jail. Each time, immigration agents had no idea that he'd been arrested, booked and released.

Sergio Martinez's deportations, federal prosecutions

Records show federal authorities deported Martinez 12 times and sent him back to Mexico a 13th time...

On July 24, seven days after his last release, Martinez, 31, crawled through a window in a 65-year-old woman's Northeast Portland apartment, tied her up with scarves and socks and sexually assaulted her, police said.

That night, he grabbed a 37-year-old woman at knifepoint as she walked to her car. He forced her into her car, but she escaped and he followed, tackled her and repeatedly bashed her head into the concrete until others arrived and he ran off, police said.

Martinez's record has become Exhibit A in a polarized political landscape that pits the Trump administration's vigorous push to curtail illegal immigration against states like Oregon with powerful sanctuary movements.

Martinez's latest arrest inflamed a national debate that shows no signs of waning. Top federal law-and-order leaders from U.S. Attorney General Jeff Sessions to Oregon U.S. Attorney Billy J. Williams decried the local jail's silence on a criminal who had earned the label of "serial immigration violator." Multnomah County itself had labeled Martinez's chances of committing another crime and failing to appear in court as "100 percent."

"The fact that these things happened to these two women is inexcusable,'' Williams said.

Williams and immigration officials say the sheriff has misconstrued state and federal law...

"We can't do our job and enforce federal immigration law without that shared information,'' Williams said....

Multnomah County Sheriff Mike Reese defended the jail's actions, saying it was following state law and federal case law....

Reese said he felt "distressed and heartbroken'' that Martinez is accused of preying on women after his release from jail.

How others in Oregon handle ICE requests for inmate information

If Sergio Martinez had been arrested in Washington or Yamhill counties, immigration agents would have learned of it right away.

But he said sheriff's deputies will notify U.S. Immigration and Customs Enforcement about an inmate or hold that person longer only when they get a federal criminal arrest warrant signed by a judge. The ICE "detainer" for Martinez was an administrative request and doesn't meet the jail standard, he said....

"We're trying to build relationships of trust with immigrant communities. Having our police officers involved in immigration enforcement would damage our ability to keep our community safe,'' the sheriff said.

Michael Kagan, a legal expert on immigration issues, said the law allows the jail to make a simple notification to ICE about an inmate's release...

But Kagan added that there's nothing to stop immigration officials from seeking an arrest warrant to detain someone. He noted that ICE isn't set up to do that and hasn't devoted the resources to change.

ACLU of Oregon attorney Mat dos Santos said he believes immigration agents have the wherewithal to check jail rosters and pick up people they want. They don't need to enlist local help.

"The problem with information sharing," he said, "is it sweeps up many, many people who have low-level offenses into this increased enforcement regime.''

COMMUNICATION WITH ICE EVAPORATED OVER TIME

Multnomah County, with by far Oregon's busiest jail system, now follows the strictest interpretation of the state's sanctuary law, essentially cutting off direct communication with immigration agents on inmate arrests and releases.

From 35,000 to 38,000 people get booked into the system here each year, including an estimated 4 percent who report being born in other countries.

Sergio Martinez's arrests in Oregon, 2016-2017

The Martinez case highlights how the county's relationship with ICE has evaporated over time, but especially after President Donald Trump's election. It also has exposed a gap in sharing jail fingerprint records that immigration agents can use as a back-up way to find people.

Reese changed the rules shortly after Trump took office.

Oregon's statute on "Enforcement of federal immigration laws'' was designed to prohibit the use of public resources to arrest people "whose only apparent violation of law'' is their illegal immigration status – a civil offense, not a crime. The 1987 law was intended to prevent police from using immigration regulations to profile or harass people based on their race, testimony on the bill showed.

Before its adoption, legislators added an amendment at the request of Oregon State Police to make sure local authorities could exchange information with ICE for people arrested on a non-immigration criminal offense.

For years, immigration agents had regular shifts at Multnomah County's downtown jail, allowed to review booking registers to look for people who faced deportation.

But that stopped after a federal magistrate judge in 2014 ruled Clackamas County was liable for damages after it held an inmate beyond her release date at the request of immigration agents who were still investigating her immigration status.

U.S. Magistrate Judge Janice M. Stewart decided that Clackamas County violated Maria Mirandas-Oliveras' Fourth Amendment right by keeping her in jail 19 hours after settling her state case for violating a domestic violence restraining order.

The judge ruled that ICE hadn't provided sufficient probable cause to hold her and the jail shouldn't have honored the request. The ruling started a ripple effect in the state, causing jails and police to no longer agree to such civil detainers.

Instead, Multnomah County and other jails started providing weekly reports to immigration officers on all people born outside the country booked into their jails, their names, ages and charges.

But on Jan. 27, Multnomah County stopped sharing those reports. That change came two days after the sheriff stood at a news conference with county Chairwoman Deborah Kafoury, the ACLU's dos Santos and others, pledging to defy President Trump's call to hold undocumented immigrants for deportation amid threats to withhold federal funding to sanctuary cities...

Instead, he said, immigration agents can access the sheriff's public website on inmates in custody or contact the corrections records unit for public information if they want to track arrests.

"Our public website is our source of sharing information with everyone, including ICE,'' the sheriff said.

Elizabeth Godfrey, a regional supervisor for ICE Enforcement and Removal Operations based in Portland, said county officials have "grossly mischaracterized and misinterpreted'' the state law.

"Concluding that the law somehow prohibits information sharing is frankly inaccurate and is unsupported by its legislative history and relevant case law,'' she said.

Local jails clearly could follow the sanctuary law's provision for exchanging information in cases like Martinez's -- when accused offenders face criminal charges, she said.

The county sheriff also has misapplied the federal judge's ruling, Godfrey said.

ICE, though, no longer requests that Oregon sheriffs hold someone on a civil detainer beyond their typical release date, she said, recognizing that the 2014 court case "aroused concern among local law enforcement."

But the sheriff's stance of requiring a criminal arrest warrant is unrealistic because it can take days or weeks and ICE isn't set up to do that, she said. Very few illegal immigrants that the agency encounters are subject to federal criminal prosecution, she said, and in those cases, agents must first know they've been arrested, which requires an exchange of information.

"We weren't given that opportunity'' in the Martinez case, Godfrey said.

FINGERPRINT SNAFU FURTHER HAMPERS ICE

Martinez's mother brought him to the United States when he was not yet 1. His father died when he was a few months old and his stepfather died when he was about 10...

His record in California includes convictions for burglary in 2008 and battery, theft and obstructing an officer in 2015.  California authorities typically alerted ICE when Martinez was released from prison there, as state corrections officials do in Oregon. Federal authorities said he also was charged in Texas in 2012 with misdemeanor criminal mischief under a false name.

Last year alone, Martinez was deported to Mexico from California three times before he was arrested by Beaverton police in December on a 2008 Multnomah County arrest warrant, charged with unauthorized use of a vehicle, possession of a stolen vehicle and nine other charges.

He was taken to Portland and booked into the Multnomah County Detention Center at 9:40 a.m. on Dec. 7.

Immigration agents learned of Martinez's arrest through the sheriff's weekly report to the federal agency on foreign-born detainees before Reese halted the practice. They then faxed a detainer form to the jail, asking for notification before Martinez's release.

Martinez was released from jail the next day at 1:35 p.m. A Multnomah County prosecutor dropped the 2008 charges because eight years had gone by – long past the three-year mark for a speedy trial.

Martinez was booked into the jail five more times from February to June:

-- Feb. 13: On a failure to appear warrant on a January allegation of criminal trespass from a disturbance at Pioneer Place mall. He was released on his own recognizance the same day.

-- March 3: On warrants alleging possession of methamphetamine and failure to appear for the trespass charge. By then, court officers highlighted that he had five earlier felony deportation violations, three failures to appear in Multnomah County court and a history of mental illness, drug and alcohol abuse. He was released the same day and ordered to report to a pretrial supervision officer.

-- March 21: On another failure-to-appear warrant for the trespass allegation. He was released on his own recognizance the same day.

-- April 6: On an accusation of interfering with public transportation and theft of services in an alleged TriMet fare jumping case. He was released the same night on his own recognizance.

-- June 16: On an escape warrant from a Feb. 17 encounter with police when he ran as officers tried to serve him with a warrant in the trespass case. This time, he was held for 31 days. A court officer called Martinez an unsuitable candidate for release, citing his lack of stability, history of drug and alcohol use, criminal record, history of missing court dates, mental health problems, earlier deportations and a score of 8 on a risk assessment tool that correlated to a "100 percent failure rate.''

On July 17, Martinez pleaded guilty to interfering with an officer. His other charges were dismissed. He was sentenced to time served and released from custody that day.

Even without the notification from the jail of the releases, immigration agents thought they had a stopgap way to track Martinez, but that failed, too.

The jail is expected to take fingerprints of everyone booked into jail and is supposed to send them electronically to Oregon State Police, which then shares them through the National Fingerprint File with the FBI and U.S. Department of Homeland Security.

Typically, immigration officers would have received alerts when Martinez's fingerprints appeared in their system each time he was booked into the downtown jail. But they got none after his five arrests this year....

Maj. Tom Worthy, a supervisor with the state police Public Safety Services Bureau, said police can scan and immediately send biometric prints, so there's no reason why the prints shouldn't go to state police every time someone gets booked.

"We want to have a definitive record of people committing crime in Oregon," he said.

On July 24, Martinez entered a woman's apartmen....and sexually assaulted her, threatening her with a metal rod in his hand, police said. Martinez then left with her keys and phone and drove away in her Prius.

The woman ran to a neighbor's unit for help....

About 6 p.m. that same day, Martinez is accused of pulling a knife on a woman as she was walking to her car....

...he insisted he just wanted to talk, though he added, "If you say another word I will kill you,'' according to police. He ordered her into her car and locked the doors. She unlocked them and ran out. He tackled her and she screamed, "Help, he has a knife. He's trying to kill me!'' He ran back into her car and tried to drive off but couldn't, then fled on foot as police chased after him.

Police followed him as he ran into an apartment on Clackamas Street. An officer, with his Taser drawn, ordered Martinez to the ground.

Martinez is now being held on $3.6 million bail. He's pleaded not guilty to a 27-count indictment, charging him in the two assaults on the women, including multiple charges of sodomy, sexual abuse, kidnapping and robbery.

FEDS WANT 'SHARED RESPONSIBILITY'

Oregon's U.S. attorney and immigration officials said they hope Martinez's case will spur change.

They no longer hold out hope that sheriffs in Oregon will keep someone in their county jail on an immigration hold.

But they're asking sheriffs in Oregon to give ICE agents as much advance notice as possible before releasing inmates sought by immigration officers.

They also want to allow immigration agents to pick up the inmates within a jail entry or other controlled space to safeguard officers and avoid a potential escape.

"Tell me we don't have a shared responsibility not to release people like this individual back into our community to commit more crimes,'' Williams said.

Godfrey, the deputy ICE field office director, said she would sit down with sheriffs to address their concerns.

"Of course we want people who are committing really dangerous and violent crimes to be held accountable, but it seems to me they're using this example to try to get Portland to walk back on what it stands for – protecting documented and undocumented members of our community,'' said dos Santos of the ACLU.

Kagan, the Nevada law professor, suggests a middle ground: Have the jail alert immigration agents about the release of people considered dangerous and streamline a system to notify the immigration agency about people it wants to pick up for deportation proceedings.

So far, Multnomah County isn't budging.

If ICE wants to pursue an inmate for illegal entry into the United States, Reese said, "We suggest they seek a criminal arrest warrant.''

Oregon's U.S. Attorney Billy J. Williams says the sheriff has misconstrued state and federal law, arguing that nothing prevents local police and jails from sharing information with federal agents about people in the country illegally who face criminal charges. "This is information going from one law enforcement agency to another and it's about public safety. It's that simple,'' he said.(Stephanie Yao Long | Staff )

U.S. Attorney General Jeff Sessions, in an Aug. 16 address in Miami, cited the arrest of Sergio Martinez in a sex assault case and blasted Multnomah County's refusal to alert immigration officers of his release from jail in December. "How can these politicians hear this story and do nothing?'' he asked. "By protecting criminals from immigration enforcement, cities and states with so-called 'sanctuary' policies make all of us less safe.'' (Photo by Zach Gibson/Getty Images)

Multnomah County Sheriff Mike Reese in late January stopped sharing with federal immigration officers the jail's weekly reports on bookings of foreign-born inmates. He said he changed the jail's practice after "robust conversations with county counsel and stakeholders." He said he was advised that providing reports specifically to ICE may violate the state's 1987 sanctuary law. (Beth Nakamura|Staff )

Sergio Martinez was booked into the Multnomah County Detention Center in downtown Portland five times between February and June, but federal immigration officers had no idea. (Oregonian File Photo 2010)

Oregon's U.S. Attorney Billy J. Williams says the sheriff has misconstrued state and federal law, arguing that nothing prevents local police and jails from sharing information with federal agents about people in the country illegally who face criminal charges. "This is information going from one law enforcement agency to another and it's about public safety. It's that simple,'' he said.

Pages

Subscribe to RSS - ICE