illegal aliens

Oregon Department of Corrections: Criminal Alien Report January 2017

The Oregon Department of Corrections (DOC) January 1, 2017 Inmate Population Profile indicated there were 14,617 inmates incarcerated in the DOC’s 14 prisons.

Data obtained from the DOC indicated that on January 1st there were 953 foreign nationals (criminal aliens) incarcerated in the state’s prison system; more than one in every sixteen prisoners incarcerated by the state was a criminal alien, 6.52 percent of the total prison population.

Some background information, all 953 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 January 1st in the state’s prisons.
 

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Inmates

DOC Domestic Inmates

DOC Inmates W/ICE detainers

DOC % Inmates W/ICE detainers

January 1, 2017

14,617

13,664

953

6.52

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

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

OREGON DEPARTMENT OF CORRECTIONS

County

DOC Total Inmates W/ ICE Detainers

DOC % Inmates W/ICE Detainers

Marion

232

24.34%

Multnomah

201

21.09%

Washington

187

19.62%

Clackamas

76

7.97%

Lane

50

5.25%

Jackson

35

3.67%

Yamhill

22

2.31%

Umatilla

21

2.20%

Linn

16

1.68%

Klamath

14

1.47%

Polk

14

1.47%

Benton

13

1.36%

Malheur

11

1.15%

Deschutes

10

1.05%

Lincoln

8

0.84%

Jefferson

6

0.63%

Clatsop

5

0.52%

Coos

5

0.52%

Josephine

4

0.42%

Crook

3

0.31%

Douglas

3

0.31%

Tillamook

3

0.31%

Wasco

3

0.31%

Hood River

2

0.21%

Morrow

2

0.21%

Union

2

0.21%

Columbia

1

0.10%

Gilliam

1

0.10%

Lake

1

0.10%

OOS

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

953

100.00%

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

Here are the ways Oregon residents were victimized by the 953 criminal aliens.

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

OREGON DEPARTMENT OF CORRECTIONS

Crime

DOC Total Inmates W/ ICE Detainers

DOC % Inmates W/ICE Detainers

Sex Abuse

185

19.41%

Rape

170

17.84%

Homicide

136

14.27%

Drugs

112

11.75%

Sodomy

93

9.76%

Assault

75

7.87%

Robbery

54

5.67%

Kidnapping

26

2.73%

Theft

21

2.20%

Burglary

20

2.10%

Driving Offense

9

0.94%

Vehicle Theft

4

0.42%

Arson

0

0.00%

Forgery

0

0.00%

Escape

0

0.00%

Other / Combination

48

5.04%

Total

953

100.00%

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

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

DOC Domestic Inmates

DOC Inmates W/ICE Detainers

DOC % All Inmates W/ICE Detainers

Sex Abuse

1,764

1,579

185

10.49%

Rape

974

804

170

17.45%

Homicide

1,672

1,536

136

8.13%

Drugs

889

777

112

12.60%

Sodomy

1,020

927

93

9.12%

Assault

1,973

1,898

75

3.80%

Robbery

1,528

1,474

54

3.53%

Kidnapping

287

261

26

9.06%

Burglary

1,314

1,293

21

1.60%

Theft

1,132

1,112

20

1.77%

Driving Offense

241

232

9

3.73%

Vehicle Theft

456

452

4

0.88%

Arson

73

73

0

0.00%

Forgery

45

45

0

0.00%

Escape

39

39

0

0.00%

Other / Combination

1,210

1,162

48

3.97%

Total

14,617

13,664

953

 

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

Using DOC ICE detainer numbers, the following table reveals the self-declared countries of origin of the 953 criminal alien prisoners by number and percentage incarcerated on January 1st in the state’s prisons.
 

OREGON DEPARTMENT OF CORRECTIONS

Country

DOC Total Inmates W/ ICE Detainers

DOC % Inmates W/ICE Detainers

Mexico

768

80.59%

Guatemala

20

2.10%

El Salvador

14

1.47%

Cuba

13

1.36%

Vietnam

13

1.36%

Honduras

11

1.15%

Ukraine

10

1.05%

Russia

9

0.94%

Federated States of Micronesia

7

0.73%

Cambodia

4

0.42%

Laos

4

0.42%

Marshall Islands

4

0.42%

Philippines

4

0.42%

Canada

3

0.31%

Other Countries

69

7.24%

Total

953

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 January 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 953 criminal alien prison population is approximately ($90,106.15) per day, ($630,743.05) per week, and ($32,888,744.75) per year.

Even taking into account fiscal year 2016 U.S. Bureau of Justice Assistance, 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 953 criminal aliens to the DOC will be at least ($31,100,669.75).

None of preceding cost estimates for the DOC to incarcerate the 953 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 January 1, 2017:
http://www.oregon.gov/doc/RESRCH/docs/inmate_profile_201701.pdf

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

Oregon Department of Corrections Issue Brief Quick Facts IB-53, January1, 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), 2017 SCAAP award: https://www.bja.gov/funding/FY2016-SCAAP-Award-C.PDF

 

License to discriminate?

Many discussions about unequal justice in the United States focus on the disproportionate number of African Americans — particularly young black men — who end up in our jails and prisons. Our review of 5.5 million state court records showed that same pattern in Oregon. But another set of data also jumped out: a spike in driving violations among Latino drivers.

Our search into the cause of that disparity lead us back to 2001, when two men — Bob Terry and Jim Ludwick — were on opposite sides of an old argument that had taken a dramatic turn.

This week we explore a decision made more than a decade ago and its consequences, which are only now being fully understood.


Bob Terry, former head of the state nursery growers association, says agricultural workers need to be able to legally drive, regardless of their immigration status.

Bob Terry flew home from Washington, D.C., in early September 2001, confident that a long-negotiated immigration reform deal was imminent. Then a member of the Oregon Association of Nurseries, Terry had a stake is making sure his members' employees — many of whom he guessed had entered the country illegally — had more than job security. They needed a path to citizenship.

"I was sitting down with Ted Kennedy, Dianne Feinstein — just a whole host, including Cesar Chavez's son — to try and get the immigration bill worked through," said Terry, a Republican who later became a Washington County commissioner. "And it was ready to go. It was going to go that Friday. And then 9/11 happened."

Stories saturated the media of how 19 men had come into the United States from Saudi Arabia, the United Arab Emirates, Lebanon and Egypt and boarded planes using illegally obtained driver's licenses. It was just the fuel Jim Ludwick needed.

Ludwick had moved to Oregon from California three decades earlier and bought 40 acres in the hills west of McMinnville, where he built a house with windows to look out on the Yamhill Valley.

In 2000, after retiring from a career as a pharmaceutical salesman, Ludwick launched Oregonians for Immigration Reform to lobby for laws that would make Oregon a less-welcoming place for undocumented immigrants and immigrants who didn't assimilate. At the time, Oregon didn't require residents to show proof of legal immigration status when applying for a driver's license. Ludwick made changing that the priority of his new group.

Lawmakers, however, didn't want to be seen talking to him at first.

"A senator would walk by, and I'd introduce myself and tell him why I was there: 'I'm opposed to driver's licenses for illegal aliens,' " Ludwick said. "And he'd say, 'I agree with you, but it's too hot of an issue.' And that's the way it was for the first couple of years."

What finally changed the conversation wasn't a shift in attitude about Latino residents, but a post-9/11 focus on border security.

The federal Real ID Act of 2005 required states to restrict driver's licenses to those who could prove they were here legally. Many states, including California, already required proof of legal status. Most others moved toward compliance, while some — like Utah — opted for a two-tiered system, granting formal licenses to those who could produce legal documentation, and a limited drivers' card (which can't be used as federal identification or to board a plane) to those who could not.

'Are we really doing the right thing?'

Oregon grappled with the issue until November 2007, when Gov. Ted Kulongoski issued an executive order calling on state legislators to require that residents prove their legal immigration status to obtain or renew a license.

At a Senate hearing the following February, during the short session, Sen. Alan Bates, D-Medford, complained the bill had been pushed through with little debate and no chance to offer amendments. A short session — normally reserved for budget adjustments and minor legislative matters, wasn't the time to address serious concerns. And this bill, he said, raised serious "moral and ethical issues."

"I haven't heard anything that makes me feel safe tonight with what we're doing here tonight. The people we are affecting are our friends and neighbors," said Bates, who died last year. "Think long and carefully. Do we really need to do this tonight? And are we really doing the right thing?"

While a few Democrats, including then-Senate Majority Leader Kate Brown, opposed the bill, most joined with Republicans and overwhelmingly agreed it was the right thing.

Sen. Laurie Monnes Anderson, a Democrat representing an estimated 9,700 noncitizen Latino residents of Gresham, voted for it. "The lax standard of driver's licensing in Oregon has made our state a target for criminal organizations and more vulnerable to identity fraud," she told the Capitol Press.

Senate President Peter Courtney, a Salem Democrat whose district included Woodburn and its estimated 6,300 noncitizen Latino residents, did too. Jeff Merkley, then House Speaker who was running for federal office, cast his vote in favor.

Immigrant rights groups turned out more than 15,000 people to rallies at the state Capitol protesting the bill, to no avail. The new law resulted in the most profound change for Latino families in decades. Few lawmakers seemed to forsee the implications of preventing up to 83,000 undocumented workers from getting or renewing their licenses.

"They look at the polling, they read the tea leaves and connect it to their own political careers. It's all about their seat, self-preservation, keeping the majority in the Legislature" said Andrea Williams, executive director of Causa, a Salem-based nonprofit working for immigration rights. "A lot of decisions came down to Gov. Kulongoski. And he made the political decision to restrict drivers' licenses."

Activists like Williams knew Republicans would be less likely to support their cause. But the eagerness of Democrats to join them was a stinging surprise. "Democrats are not being bold on our issues, but they'll at least talk to us," she said. "And then on the driver's license issue, they completely betrayed us."

Kulongoski, contacted at his home, declined to comment. Merkley did not reply to requests for comment.

Monnes Anderson and Courtney said the federal legislation allowed for a driver's cards, like those used in Utah at the time. Both assumed the Legislature would quickly adopt that system in Oregon.

Five years later, they tried.

 KATE WILLSON - Jim Ludwick said it was suprisingly easy to find support for their successful effort to deny driving priveleges to undocumented immigrants.

COURTESY PHOTO: KATE WILLSON - Jim Ludwick said it was suprisingly easy to find support for their successful effort to deny driving priveleges to undocumented immigrants.

Reversing course

Restrictions of driving privileges for undocumented immigrants, which swept the nation after the Real ID Act of 2005, have begun to soften. Today, 12 states and the District of Columbia extend privileges to undocumented residents. They include Washington, California and Nevada.

Oregon lawmakers also tried to reverse course. In May 2013, Gov. John Kitzhaber signed into law a bipartisan bill allowing for a driver's card distinct from the formal license that would allow people to drive legally without proving citizenship.

The logic was that it would ensure drivers knew how to drive and allow them to get insurance, which most agencies refused to sell without a valid license. But the card couldn't be used for federal purposes such as to board a plane.

Ludwick saw Kitzhaber's actions differently: "He wants to allow people to legally drive to jobs they can't legally have, hired by companies that can't legally hire them," Ludwick said.

Within hours, Oregonians for Immigration Reform vowed to take the matter to voters. Privately, Ludwick didn't think they had a chance of collecting enough signatures to get the referendum on the fall ballot. "How do you collect 70,000 to 80,000 signatures in three months?" he said. "If there was a tote board in the rotunda giving odds, we'd be 1,000-to-1 underdogs."

They called on Suzanne Gallagher, then chairwoman of the Republican Party. She promised to get signature sheets to every Republican in the state. Meanwhile, Ludwick and his supporters fanned out to county and state fairs. Ludwick said people were eager to sign.

"They would grab the sheets out of your hand," he said. "We got signatures from places I didn't even know existed. We got 'em from 134 different communities."

The group had more than grass-roots support. Conservative Nevada businessman Loren Parks shelled out $93,172 over five weeks to pay signature gatherers. In the end, the campaign turned in 58,291 valid signatures, squeaking by with a buffer of 149.

In the November 2014 election, voters crushed Measure 88, the Legislature's driving card law, by a 2-1 margin. Every county except Multnomah voted against retaining the law.

"That stunned us," Courtney said. "We didn't think that could happen."

Courtney's support of Measure 88 became an issue in his 2014 re-election campaign, as he battled claims that he supported giving driving privileges to drunken drivers and criminals living here illegally. "It was probably the ugliest racial issue I've seen since I lived in the South," said Courtney, who was re-elected that year with 54 percent of the vote.

Mike Nearman, a software engineer from Independence, said he wore out two pairs of shoes volunteering 11-hour shifts at the Oregon State Fair to oppose Measure 88.

He said his efforts were targeting people who didn't come into the United States legally.

"I wish everyone could live under the freedoms I enjoy. I don't begrudge anyone, but we just need to do it legally," he said. "What we have right now is not the best and the brightest, but the boldest and the baddest, whoever's willing to jump the fence."

Nearman went on to join the board of Oregonians for Immigration Reform and win election to the state House of Representatives. He's advocating for a repeal of Oregon's restriction on local police from enforcing immigration law.

Gilbert Carrasco, a Willamette Law School professor and former civil rights litigator for the federal Department of Justice, said the legislation to require drivers to provide proof of legal status to obtain a license doesn't make sense.

"The argument was, 'They shouldn't be here,'" he recalled. "Well, they're here. They're not going anywhere. Now we're in a situation where people are unlicensed, they haven't been tested" by the Department of Motor Vehicles.

And many are uninsured.

"It hurts the people who voted for that law. That's the irony," he said. "At some point, if the Legislature, if the people, don't revisit it, I think the courts will."

You end up in trouble

Advocacy groups haven't given up on the concept of a driver's card, and they continue to pin down lawmakers on their positions.

Sen. Monnes Anderson, for one, would support it. "Obviously, we're all better off when everyone who is driving a car that is licensed and insured," she said.

Sen. Courtney is frustrated by the Legislature's inability to respond to the voters' rejection of the driver's card. "We are really struggling to break through on that," he said.

Washington County commissioner Terry watched the 2008 legislative vote to restrict licenses and the 2014 referral to vote down driver cards with frustration. A prominent and active Republican, he sees the past 16 years as a wasted opportunity and isn't optimistic about the future of immigration reform in Oregon.

"As a state, we were foolish and didn't accomplish anything," he said. "We're not really managing that issue. And any time you don't manage an issue, you end up in trouble."

INVESTIGATEWEST/PMG

INVESTIGATEWEST/PMG


TRIBUNE FILE PHOTO - Gov. Kate Brown faces a legal challenge by immigrants who are fighting a 2014 public vote against drivers' cards that they say violated their 14th Amendment rights.

TRIBUNE FILE PHOTO - Gov. Kate Brown faces a legal challenge by immigrants who are fighting a 2014 public vote against drivers' cards that they say violated their 14th Amendment rights.

Driver's license law tested in court

During last year's election, Gov. Kate Brown reiterated her support for granting driving privileges regardless of immigration status. "I've always supported this right and always will," her campaign said in a statement to the advocacy group Causa.

Despite her personal view, Brown is the top elected state official, and as such was named as a defendant in a lawsuit filed in November 2015 by five undocumented longtime residents who claimed that the 2014 public vote against drivers' cards violated their 14th Amendment rights to equal protection under the law. The vote was "motivated by racial animus against persons from Mexico and Central America," the lawsuit claimed.

Brown was forced to defend a law she opposed, as the state argued it couldn't invalidate a law Oregon voters passed, or force implementation of a bill that never went into effect.

Six months later, in May 2016, U.S. District Judge Ann Aiken dismissed the lawsuit, which is now pending appeal in the 9th U.S. Circuit Court of Appeals.

 
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Sheriffs dismiss a major Democratic talking point on sanctuary cities

Several sheriffs across the country have spoken out against the idea that sanctuary city policies give illegal aliens more confidence to work with local law enforcement. Sanctuary city advocates claim that many illegal aliens will not report crimes, even if they are the victims, because they are afraid their illegal status will be discovered and they will be deported.

"I've not even seen anecdotal evidence," National Sheriffs' Association executive director, Jonathan Thompson, told the Washington Examiner. "The sad thing is that [this claim] suggests that people here are aware of criminal activity and are not reporting it. We have to give them specific dispensation so that they're reporting crimes?”

Sheriff Chuck Jenkins of Frederick County, Md., who was called last April to testify in a House of Representatives hearing on the effectiveness of immigration policies, said, "I believe the illegal alien community is smart enough to know that there are protections in place that if they are victims, not to put them into removal custody…They can request a U-visa — basically gives them asylum from any deportation or removal."

Sam Page, a sheriff in Rockingham County, N.C., for almost 20 years, said, "Some people in government at those levels want to be able to pick and choose what laws they enforce. If there are laws on the books, then we enforce the laws. And the legislature and Congress, they enact legislation. If they don't like the laws, then they need to change the laws, but you don't pick and choose which laws you enforce."

You can read the full article at The Washington Examiner.

Statement from Secretary Kelly on recent ICE enforcement actions

WASHINGTON – Last week, U.S. Immigration and Customs Enforcement (ICE) launched a series of targeted enforcement operations across the country. These operations targeted public safety threats, such as convicted criminal aliens and gang members, as well as individuals who have violated our nation’s immigration laws, including those who illegally re-entered the country after being removed and immigration fugitives ordered removed by federal immigration judges.

ICE officers in the Los Angeles, Chicago, Atlanta, San Antonio and New York City areas of responsibility arrested more than 680 individuals who pose a threat to public safety, border security or the integrity of our nation’s immigration system. Of those arrested, approximately 75 percent were criminal aliens, convicted of crimes including, but not limited to, homicide, aggravated sexual abuse, sexual assault of a minor, lewd and lascivious acts with a child, indecent liberties with a minor, drug trafficking, battery, assault, DUI and weapons charges.

ICE conducts these kind of targeted enforcement operations regularly and has for many years. The focus of these enforcement operations is consistent with the routine, targeted arrests carried out by ICE’s Fugitive Operations teams on a daily basis.

President Trump has been clear in affirming the critical mission of DHS in protecting the nation and directed our Department to focus on removing illegal aliens who have violated our immigration laws, with a specific focus on those who pose a threat to public safety, have been charged with criminal offenses, have committed immigration violations or have been deported and re-entered the country illegally.

I commend the heroic efforts of the dedicated officers of ICE’s Office of Enforcement and Removal Operations and those who provided assistance from ICE Homeland Security Investigations, the U.S. Marshals Service, as well as cooperating state and local law enforcement agencies. These professionals put their lives on the line to protect our communities and country. There is no greater calling than to serve and protect our nation – a mission that the men and women of ICE perform with professionalism and courage every single day.


 

Reminder: Sheriff aids ICE deportation effort

Multnomah County law agency trades conviction records for cash subsidies

In the past week, the Multnomah County Sheriff's Office has loudly emphasized what it doesn't do to help federal jailers apprehend undocumented immigrants.

But the law enforcement agency does help the national government deport foreign nationals who are convicted in the criminal justice system. Prisoners qualify for one program after one felony or two misdemeanors.

MCSO provides inmate information, including names and sentencing records, as part of a U.S. program intended to subsidize the cost of housing convicted undocumented expats. Federal funding to MCSO through this program has ranged from $200,000 to $400,000 per year since 2011.

"Sheriffs are sharing information," explained David Olen Cross, a lawful immigration advocate based in Salem. "Everyone's saying they're not cooperating, yet they're getting money from it."

Known as SCAAP, the State Criminal Alien Assistance Program directs federal money to enforcement agencies nationwide.

In fiscal year 2016, the Sheriff's Office sent 296 unique inmate records to the Bureau of Justice Assistance.

The bureau determined that 118 prisoners were "ICE eligible," an acronym that refers to the U.S. Immigration and Customs Enforcement agency.

Lt. Chad Gaidos, a spokesman for the Sheriff's Office, says a person's residency status is largely self-reported during intake procedures.

"The only reason we hold someone is because of some criminal nexus. It's not the result of solely an immigration detainer," he said. "(If convicted of) criminal charges or (following) a criminal arrest warrant that was issued by a federal judge, then in those areas the Sheriff's Office would work with ICE."

Immigration detainers allow police to hold an undocumented immigrant for up to 48 hours after their sentence expires, so ICE can arrive and take custody.

Unlike regular police, who require probable cause, ICE can detain someone merely because they suspect them of being an unlawful resident.

Funding for SCAAP fluctuated during the previous administration, dropping from $238 million in 2013 to $165 million in 2015, according to USA TODAY.

National news sources have speculated SCAAP could be withheld by President Trump, who has vowed to "end" sanctuary jurisdictions like Portland and Multnomah County.

"We're aware of what our federal funds are, (but) there really hasn't been any specific communication as to what the pulling of funding means," Lt. Gaidos said. "We're in the middle of our normal budget talks."

Appeals Court Rejects Immigrants’ Right to a Lawyer in Expedited Cases

Immigrants who are caught entering the U.S. illegally have no right to legal representation, a federal appeals court in San Francisco ruled on Tuesday.

The Ninth U.S. Circuit Court of Appeals upheld the deportation of a Mexican immigrant who was arrested while crossing into the U.S. in 2012 and returned to his country the following day.

The ruling, from a three-judge panel, came hours before a different Ninth Circuit panel was set to consider an executive order by President Donald Trump that temporary suspended travel from seven countries and halted the admission of refugees.

The ruling Tuesday dealt with whether immigrants caught entering the U.S. illegally have due process rights to legal counsel under the Fifth Amendment, an issue separate from those raised in the executive-order challenge.

Under a 1996 federal law, Customs and Border Protection officers can use a process called “expedited removal” to swiftly deport immigrants who are caught within 100 miles of the border without valid entry documents and who have been in the U.S. fewer than 14 days.

Immigrants subject to expedited removal receive no hearing, see no judge and have no right to appeal. Nearly half of all removals from the U.S. follow this process, according to the Department of Homeland Security.

Rufino Peralta-Sanchez, who was caught by U.S. Border Patrol agents a mile inside the U.S. border, had argued for a right to hire a lawyer to assist him during the removal process.

Judge Jay Bybee, writing for a 2-1 majority, said allowing lawyers to take part in expedited removals would defeat their purpose, “exponentially increasing the cost to the government as the government must detain the alien, pay for the government’s own representation, pay for the creation of a longer record, and pay for the increased time the immigration officer must spend adjudicating such case.”

The Trump administration is considering expanding eligibility for expedited removal to include immigrants who have been in the U.S. longer and are arrested farther from the U.S. border.

Kara Hartzler, who represents Mr. Peralta-Sanchez, said such changes, combined with Tuesday’s ruling, would mean that a vast number of immigrants living in the U.S. could be summarily deported without counsel.

Judge Harry Pregerson used his dissent to condemn what he called a “flawed” and “cruel” system of expedited removals that can result in the improper deportation of asylum seekers who express a credible fear of persecution back home.

A spokeswoman for the U.S. attorney’s office in San Diego, which represented the federal government, declined to comment.

Write to Joe Palazzolo at joe.palazzolo@wsj.com

Why Trump must end DACA

The Hill

By opinion contributor Dale Wilcox

Published January 29, 2017

The rule of law is all about deterrence. So when we fail to follow it, we squander its deterring effects. With President Obama’s DACA program apparently still up and running (handing out amnesty, work permits, etc.), it’s sincerely hoped this most basic of principles hasn’t fallen victim to the left’s emotional blackmail campaign.

Ending DACA and turning off the amnesty-magnet is now more important than ever.

Obama created DACA in reaction to Congress’s “gridlock” over the DREAM Act, an amnesty bill for illegal aliens under 30 rejected no less than 24 times since 2001.

DACA replicated the main elements and criteria of the insipidly titled act, from its sentimental focus on “children” to the requirement that applicants have a GED.

While the DREAM Act granted “legal status” or permanent legalization, DACA purports to offer “legal presence”, or “temporary” legalization. The distinction’s without a difference. Obama’s strategy with the program, to use a phrase from George W. Bush about Israel’s West Bank settlements, was to create “facts on the ground” and make it as difficult as possible to reverse course in future.

When you reward bad behavior, you get more of it. Following Obama’s DACA announcement, radio and print ads began appearing south of the border selling the services of cartel-controlled “coyotes” to teenaged would-be illegal aliens. In a matter of months, the thousand or so apprehensions of unaccompanied juveniles we’d previously been seeing every year surged into the tens of thousands.

A year later, the surge reached the hundreds of thousands (not including an equal jump in “family units”). Despite Obama’s efforts to divert the flood by creating a program to fly alien minors straight from their home countries, the level of illegal entries failed to taper off and it remains at record highs today.

Now, thanks to DACA, taxpayers spend hundreds of millions annually to reunite the (mostly) uneducated minors with their (mostly) illegal alien parents in the U.S. That’s money that should have gone to support schools, hospitals, and job-training for American youth.

Should the new administration signal that it too is unwilling to enforce our immigration laws fairly, equally, and without an ageist-bent, the flood over our borders will become a torrent.

Take Mexico’s poor economic prospects. Average wages in that country are a mere 10 percent of American levels, a gap that’s likely set to jump. Why? Mexico’s rapidly dwindling Cantarell oil field, traditionally the source of 30 percent of the country’s total government expenditures. Once classified as a ‘supergiant’ alongside Saudi Arabia’s Ghawar deposit, the Cantarell field, and the well-paid union jobs it supported, is credited with finally establishing a Mexican middle-class.

But with production declining from 2.5 million to 400,000 barrels per day over the last decade or so, Mexico’s biggest GDP-contributor is no longer oil exports, but US-based remittances.

Assuming the economic effects to Mexico of Trump’s promised NAFTA readjustments turn out to be banal (some critics say it’s actually been a net negative to Mexico’s poor), the drawdown of Mexican oil revenues will almost certainly push up its levels of illegal economic migration.

As for the main source countries for “unaccompanied alien minors” — El Salvador, Guatemala, and Honduras — development economists have all but given up on understanding why they can’t even come close to the achievements of neighboring Nicaragua, Belize, Costa Rica, and Panama. Without shutting off the magnet of amnesty, their mass illegal entries will also stay at flood-levels. 

Instead of demanding that the federal government assist these countries with better tailored aid and grants conditioned on rooting out corruption, open-borders activists simply call for more amnesty and more illegal alien “rights.” Their lack of systematic analysis is stupefying.

While “protecting” illegal aliens from the consequences of breaking the law may make them feel good and virtuous, if they get their way on DACA the incentives for further law-breaking at our border will only increase. Economists call this the “moral hazard” problem.

Given the economic and social pressures here and across the border, we need to ensure against amnesty and the moral hazard it creates, now more than ever.

Dale Wilcox is executive director and general counsel for the Immigration Reform Law Institute, a public interest law firm working to defend the rights and interests of the American people from the negative and predatory effects of unlawful immigration and ungoverned legal immigration.

Read the full article and comments.

Governor Kate Brown Addresses Immigration Policy and Expands Protections to Oregonians

Salem, OR—Governor Kate Brown today acted to strengthen Oregon law to better protect Oregonians and called on Attorney General Ellen Rosenblum to bring legal action to oppose the federal government's recently announced immigration policies.

"I will uphold the civil and human rights of all who call Oregon home," Governor Brown said. "It is also my duty to prevent any undue harm to our economy and ensure the ability of Oregonians to support their families. These new policies from the White House show no regard for the values Oregonians believe in or the economic realities Oregon faces."

In an Executive Order, Governor Brown set policy direction that instructs state employees to perform everyday duties mindful of Oregon's welcoming and inclusive position toward all, including immigrants and refugees. The order also requires state agencies to not discriminate on the basis of immigration status.

In addition, Governor Brown broadened Oregon's 30-year-old law that prohibits law-enforcement agencies from treating undocumented Oregonians as criminals. Now, all state agencies, not just law enforcement, must follow this rule.

Governor Brown has also forbidden state agencies from participating in the creation of a "registry" to identify people based on religion.

EXECUTIVE ORDER 17-04
LETTER TO ATTORNEY GENERAL ELLEN ROSENBLUM

Internal investigation underway into whether deputy improperly assisted in ICE arrest

MULTNOMAH COUNTY, OR (KPTV) - The Multnomah County Sheriff's Office confirmed to FOX 12 Wednesday that an internal investigation is underway into whether a deputy may have improperly assisted immigration agents in arresting an illegal immigrant.

The county, like the city of Portland, considers itself a sanctuary zone which means law enforcement is not supposed to help federal immigration officers find someone who is in the country illegally.

A source with knowledge of the situation told FOX 12 Julio Montejo-Mex was arrested by Immigration and Customs Enforcement officers earlier Wednesday.

Court documents confirm that Montejo-Mex was arrested for assault and had to check in with deputies on Wednesday, and that is where ICE officers were waiting for him.

Multnomah County passed the sanctuary ordinance in December, although officials said that does not mean they will hide illegal immigrants from federal agents.

It's unclear whether this case even falls under sanctuary status since Montejo-Mex is a convicted felon and is now facing those assault charges.
 

Oregon Department of Corrections: Criminal Alien Report December 2016

The Oregon Department of Corrections (DOC) December 1, 2016 Inmate Population Profile
indicated there were 14,717 inmates incarcerated in the DOC’s 14 prisons.

Data obtained from the DOC indicated that on December 1st there were 957 foreign nationals (criminal aliens) incarcerated in the state’s prison system; more than one in every sixteen prisoners incarcerated by the state was a criminal alien, 6.50 percent of the total prison population.

Some background information, all 957 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 December 1st in the state’s prisons.
 

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Inmates

DOC Domestic Inmates

DOC Inmates W/ICE detainers

DOC % Inmates W/ICE detainers

December 1, 2016

14,717

13,760

957

6.50

Source: Research and Evaluation DOC Report ICE inmates list 01 December 16 and Inmate Population Profile 01 December 16.

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

OREGON DEPARTMENT OF CORRECTIONS

County

DOC Total Inmates W/ ICE Detainers

DOC % Inmates W/ICE Detainers

Marion

227

23.72%

Multnomah

206

21.53%

Washington

189

19.75%

Clackamas

75

7.84%

Lane

50

5.22%

Jackson

36

3.76%

Yamhill

22

2.30%

Umatilla

21

2.19%

Linn

16

1.67%

Polk

15

1.57%

Klamath

14

1.46%

Benton

13

1.36%

Malheur

12

1.25%

Deschutes

10

1.04%

Lincoln

8

0.84%

Jefferson

6

0.63%

Clatsop

5

0.52%

Coos

5

0.52%

Douglas

4

0.42%

Josephine

4

0.42%

Crook

3

0.31%

Tillamook

3

0.31%

Wasco

3

0.31%

Hood River

2

0.21%

Morrow

2

0.21%

Union

2

0.21%

Columbia

1

0.10%

Gilliam

1

0.10%

Lake

1

0.10%

OOS

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

957

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 December 16.

Here are the ways Oregon residents were victimized by the 957 criminal aliens.

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

OREGON DEPARTMENT OF CORRECTIONS

Crime

DOC Total Inmates W/ ICE Detainers

DOC % Inmates W/ICE Detainers

Sex Abuse

184

19.23%

Rape

171

17.87%

Homicide

136

14.21%

Drugs

113

11.81%

Sodomy

94

9.82%

Assault

78

8.15%

Robbery

54

5.64%

Kidnapping

25

2.61%

Theft

23

2.40%

Burglary

20

2.09%

Driving Offense

9

0.94%

Vehicle Theft

5

0.52%

Arson

0

0.00%

Forgery

0

0.00%

Escape

0

0.00%

Other / Combination

45

4.70%

Total

957

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 December 16.

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

DOC Domestic Inmates

DOC Inmates W/ICE Detainers

DOC % All Inmates W/ICE Detainers

Sex Abuse

1,771

1,587

184

10.39%

Rape

977

806

171

17.50%

Homicide

1,672

1,536

136

8.13%

Drugs

900

787

113

12.56%

Sodomy

1,026

932

94

9.16%

Assault

1,965

1,887

78

3.97%

Robbery

1,536

1.482

54

3.52%

Kidnapping

289

264

25

8.65%

Burglary

1,333

1,310

23

1.73%

Theft

1,142

1,122

20

1.75%

Driving Offense

251

242

9

3.59%

Vehicle Theft

447

442

5

1.12%

Arson

75

75

0

0.00%

Forgery

43

43

0

0.00%

Escape

39

39

0

0.00%

Other / Combination

1,251

1,206

45

3.60%

Total

14,717

13,760

957

 

Source: Research and Evaluation DOC Report ICE inmates list 01 December 16 and Inmate Population Profile 01 December 16.

Using DOC ICE detainer numbers, the following table reveals the self-declared countries of origin of the 957 criminal alien prisoners by number and percentage incarcerated on December 1stin the state’s prisons.
 

OREGON DEPARTMENT OF CORRECTIONS

Country

DOC Total Inmates W/ ICE Detainers

DOC % Inmates W/ICE Detainers

Mexico

767

80.15%

Guatemala

19

1.99%

Cuba

15

1.57%

El Salvador

14

1.46%

Vietnam

13

1.36%

Honduras

12

1.25%

Ukraine

10

1.04%

Russia

9

0.94%

Federated States of Micronesia

6

0.63%

Cambodia

4

0.42%

Canada

4

0.42%

Laos

4

0.42%

Marshall Islands

4

0.42%

Philippines

4

0.42%

Other Countries

72

7.52%

Total

957

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 December 16.

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 957 criminal alien prison population is approximately ($90,484.35) per day, ($633,390.45) per week, and ($33,026,787.75) per year.

Even taking into account fiscal year 2016 U.S. Bureau of Justice Assistance, 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 957 criminal aliens to the DOC will be at least ($31,238,712.75).

None of preceding cost estimates for the DOC to incarcerate the 957 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 December 1, 2016:
http://www.oregon.gov/doc/RESRCH/docs/inmate_profile_201612.pdf

Oregon Department of Corrections Population Profile (unpublished MS Excel workbook) titled Incarcerated Criminal Aliens Report dated December 1, 2016.

Oregon Department of Corrections Issue Brief Quick Facts 53-DOC/GECO: 3/23/16:
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

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