Mexico

Congressman to Supreme Court: Unblock the Wall

IRLI Press Release

WASHINGTON � Among the many lawsuits anti-borders activists have launched to try to stop the Trump administration from building a wall on our southern border using military and emergency funds, one has hit pay dirt � at least for the tiime being. A federal district court judge in the Northern District of California has enjoined the administration’s transfer of military funds for that purpose. Late last week, the Immigration Reform Law Institute (IRLI), on behalf of Congressman Andy Barr of Kentucky, filed an emergency brief in the Supreme Court in support of the government’s petition to stay � that is, suspend � that injunction.

The stakes are high. If the Supreme Court does not stay the injunction, the administration will not be able to transfer the funds this fiscal year, even if it eventually prevails on appeal. In IRLI’s brief, Rep. Barr argues forcefully that the plaintiff, the Sierra Club, lacks standing to challenge military spending decisions based on its aesthetic objections to the military construction projects set to be built.

“It is beyond ridiculous that a group like the Sierra Club was able to stop a military construction project because it doesn’t like the way it looks,” said Dale L. Wilcox, executive director and general counsel of IRLI. “That may make sense under environmental protection laws, but not under the military appropriations statutes they are suing under. It is particularly ironic that the Sierra Club is bringing this suit, because illegal aliens cause far more environmental destruction � including massive amounts of trash in our national parks � than any border wall couldd. We hope the Supreme Court sees basic reason, suspends this absurd injunction, and lets Trump get to work.”

The case is Trump v. Sierra Club, No. 19A60 (Supreme Court).

Share this release here.  


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

Oregon Department of Corrections: Mexican National Crime Report May 2019

Information obtained from the Oregon Department of Corrections (DOC) indicated on May 1, 2019 that 728 of the 910 foreign nationals (criminal aliens) in the state’s prison system were Mexican nationals — 80.00 percent of the criminal alien prison population (Note: The number of Mexican nationals incarcerated in DOC prisons does not necessarily equal the number of Oregon residents victimized by this specific group of criminal aliens).

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

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Inmates W/ICE Detainers

DOC Number of Mexican National Inmates W/ICE Detainers

DOC Percent of Mexican National Inmates W/ICE Detainers

May 1, 2019

910

728

80.00%

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

Mexican (MEX) national criminals were sent to DOC prisons from 29 of 36 Oregon counties — 80.56 percent of the counties in the state.

Seven Oregon counties, Marion (185 MEX inmates), Washington (149 MEX inmates), Multnomah (115 MEX inmates), Clackamas (61 MEX inmates), Lane (33 MEX inmates), Jackson (30 MEX inmates) and Umatilla (26 MEX inmates) had 599 of the 728 Mexican national inmates incarcerated in DOC prisons — 82.28 percent of the MEX inmates.

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

OREGON DEPARTMENT OF CORRECTIONS

County

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

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

Marion

185

25.41%

Washington

149

20.47%

Multnomah

115

15.80%

Clackamas

61

8.38%

Lane

33

4.53%

Jackson

30

4.12%

Umatilla

26

3.57%

Yamhill

20

2.75%

Linn

15

2.06%

Polk

12

1.65%

Benton

10

1.37%

Klamath

10

1.37%

Deschutes

9

1.24%

Malheur

9

1.24%

Jefferson

7

0.96%

Tillamook

5

0.69%

Wasco

5

0.69%

Coos

4

0.55%

Hood River

4

0.55%

Lincoln

4

0.55%

Clatsop

3

0.41%

Douglas

3

0.41%

Josephine

3

0.41%

Baker

1

0.14%

Crook

1

0.14%

Gilliam

1

0.14%

Lake

1

0.14%

Morrow

1

0.14%

Union

1

0.14%

Columbia

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

728

100.00%

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

Here are the ways Oregon residents were victimized by the 728 Mexican national criminals.

Significant numbers, there were 380 of the 728 criminal alien inmates from Mexico incarcerated in DOC prisons for three types of sex crimes — sex abuse, rape and sodomy — 52.20 percent of the Mexican national inmates in the state’s prisons.

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

OREGON DEPARTMENT OF CORRECTIONS

Crime

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

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

Sex Abuse

161

22.12%

Rape

140

19.23%

Homicide

100

13.74%

Sodomy

79

10.85%

Drugs

75

10.30%

Assault

63

8.65%

Robbery

29

3.98%

Kidnapping

17

2.34%

Burglary

12

1.65%

Theft

4

0.55%

Driving Offense

3

0.41%

Vehicle Theft

2

0.27%

Arson

0

0.00%

Escape

0

0.00%

Forgery

0

0.00%

Other / Comb. Crimes

43

5.91%

Total

728

100.00%

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

When compared to the overall DOC criminal alien prison population, Mexican nationals were 100 of the 131 criminal aliens convicted of homicidal crimes (various degrees of murder and manslaughter) incarcerated in the state’s prison system — 76.34 percent of all alien inmates serving time for homicidal crimes.

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

OREGON DEPARTMENT OF CORRECTIONS

Crime

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

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

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

Sex Abuse

183

161

87.98%

Rape

172

140

81.40%

Homicide

131

100

76.34%

Sodomy

100

79

79.00%

Assault

85

63

74.12%

Drugs

81

75

92.59%

Robbery

45

29

64.44%

Kidnapping

26

17

65.38%

Burglary

18

12

66.67%

Theft

16

4

25.00%

Driving Offense

4

3

75.00%

Vehicle Theft

2

2

100.00%

Arson

0

0

0.00%

Escape

0

0

0.00%

Forgery

0

0

0.00%

Other / Comb. Crimes

47

43

91.49%

Total

910

728

 

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

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

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

The DOC’s incarceration cost for 728 Mexican national inmates is approximately ($78,813.28) per day, ($551,692.96) per week, and ($28,766,847.20) per year.

None of preceding cost estimates for the DOC to incarcerate the 728 Mexican national inmates includes the dollar amount for legal services (indigent defense), language interpreters, court costs, or victim assistance.

Bibliography:

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

Oregon Department of Corrections Issue Brief Quick Facts, March 2019:
https://www.oregon.gov/doc/Documents/agency-quick-facts.pdf

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

Trump administration prepares to release Central American migrants 'across the entire nation'

The Trump administration is preparing to send Central American migrants caught along the southern border to Border Patrol stations "across the entire nation," according to a senior Border Patrol official who confirmed the plans Friday.

With more than 4,500 people being caught each day crossing the U.S.-Mexico border, the agency has run out of room at its Border Patrol facilities in the four border states. The agency has started looking at its facilities around the country, which are mostly along the northern border with Canada and coastal states.

That means states from Oregon to North Dakota to Maine may begin receiving planeloads of migrant families in the weeks to come. On Tuesday, Customs and Border Protection sent its first plane full of migrants from Texas to San Diego.

The official confirmed reports on Thursday that the Florida counties of Broward and Palm Beach are under consideration given the size and capabilities of Border Patrol stations in the South Florida region. But he did not say if the decision is final or when the flights would start.

More: Record number of migrants puts 'severe pressure' on Border Patrol facilities

Asked whether any federal funds would be provided to help local communities deal with the relocation of migrants, the CBP official on Friday said he was not "aware" of any such plans.

The CBP official, who spoke on the condition of anonymity to brief reporters on the agency's internal discussions, said politics is not playing a role in its search for places to process and release migrant families despite President Donald Trump's commentsthat he wants to send migrants to so-called "sanctuary cities" that do not fully cooperate with federal immigration officials.

"Due to the fact that Democrats are unwilling to change our very dangerous immigration laws, we are indeed, as reported, giving strong considerations to placing Illegal Immigrants in Sanctuary Cities," Trump tweeted last month.

Instead, the CBP official said they are searching only for Border Patrol facilities with the space and computer systems necessary to process large number of migrants each day. The official said the agency is not sending migrants to parts of the U.S. closest to their requested destinations, but making transportation decisions solely on each Border Patrol station's ability to receive large numbers of migrants.

Palm Beach County Sheriff Ric Bradshaw said on Thursday that he was told by local Border Patrol officials to expect flights to start arriving in the area within two weeks, and that South Florida would receive about 1,000 migrants a month.

Officials in both counties complained that the transfers are coming with no apparent plan to house, feed, or care for the migrants after they're released from custody.

Migrants to Florida? Broward and Palm Beach officials worry about migrants dumped in their communities

Florida Gov. Ron DeSantis, a Republican and ardent supporter of Trump, said he didn't know much beyond news reports about plans to release migrants in his state. But he said that if true, it would be a big problem.

"We cannot accommodate in Florida the dumping of unlawful migrants into our state. I think it will tax our resources, our schools, the healthcare, law enforcement, state agencies," he said after a bill-signing ceremony Friday, according to the Miami Herald.

The CBP official could not estimate the average cost of each flight. But on Monday, Immigration and Customs Enforcement (ICE), which operates the flights, issued a public request for a contractor to handle up to 60,000 migrant transfers a year, with the vast majority of them (88%) being transfers by air.

Border Patrol has complained that its facilities have been overwhelmed by the record number of migrant families crossing the border, most of them requesting asylum to stay in the U.S.

Immigration and Customs Enforcement, which is responsible for interior immigration enforcement and has more detention space available, has also said it's running out of space.

That led Border Patrol agents in March to begin releasing migrants directly into local communities, at bus stations, community shelters, churches and other places along the border. That's been happening in Tucson since March.

CBP tried shuttling migrants between Border Patrol stations along the southern border, sending busloads of migrants from the flooded Rio Grande Valley sector in eastern Texas to other Border Patrol facilities in central and western Texas.

Now, the agency is looking all around the country to find more facilities that can help process the migrants. The migrants would be processed, given a date to appear in immigration court and then released into the community.

Mexican citizen sentenced to 12 years for drunk driving, killing Salem couple

A Hubbard man was sentenced to 12 years and six months in prison Wednesday for hitting and killing a Salem couple while driving drunk.

About two dozen of the victims' friends and family members filled the courtroom during the sentencing of Eduardo De La Lima-Vargas.

The case proved to be contentious due to the defendant's immigration status. According to U.S. Immigration and Customs Enforcement officials, De La Lima-Vargas is a citizen of Mexico residing illegally in the United States.

De La Lima-Vargas, 40, of Hubbard, was driving his truck pulling an occupied horse trailer on Mission Street near Interstate 5 on Aug. 19 when he ran a red light and hit a motorcycle carrying Logan Wilson, 34, and Jessica Wilson, 32.

De La Lima-Vargas was arrested on two counts of first-degree manslaughter, DUI, reckless driving and two counts of reckless endangerment following the deadly crash.

He pleaded guilty to two counts of first-degree manslaughter and DUI Wednesday. Marion County Judge David Leith sentenced him to 12 years and six months in prison.

Due to the manslaughter being a Measure 11 offense, De La Lima-Vargas will not be eligible for early release or alternative programs. He faces deportation upon his release.

Backed by The Remembrance Project, a Washington, D.C.-based nonprofit that raises awareness for people killed by undocumented immigrants, the victims' friends and family members wore shirts picturing the Wilsons' smiling faces below the phrase "killed by an illegal alien in a drunk driving crash on 8-19-2018."

They gathered outside the courthouse beforehand holding "stolen lives quilt" banners depicting those killed in Oregon. Members of the organization Oregon Women for Trump and congressional candidate Joey Nations were also in attendance.

They expressed anger over Oregon's leniency toward undocumented immigrants.

"I didn't think justice was served at all," said Debbie Stroud, grandmother to the Wilsons' children.

She said her grandchildren will never forget the day of the crash.

The Wilsons had a blended family from their previous marriages with children ranging in ages 11 to 15. They lived on the outskirts of Salem and enjoyed camping, the outdoors and hosting barbecues. Logan worked as a truck driver, and Jessica worked with children.

"They didn't have a bad bone in their bodies," Logan's mother Rochelle Coburn said.

De La Lima-Vargas' family filled the back row of the courtroom. Defense attorney Randall Vogt said De La Lima-Vargas immigrated to the United States as a teen without education or job skills. He became a construction worker, married and had three children.

Witnesses describe swerving truck

The night of the crash, responding officers described Vargas as smelling strongly of alcohol and swaying on his feet while standing. He failed a field sobriety test and his blood-alcohol content was at 0.10% two hours after the crash.

Several witnesses reported seeing him swerving and driving recklessly, according to court records.

Two hours before the crash, he was involved in a property damage incident. After one witness called police and told him not to leave, De La Lima-Vargas allegedly threatened to shoot the witness and drove away.

He made it to Mission Street, where he crashed into the motorcycle. 

The force of the collision threw both riders from the motorcycle and lodged it under the truck, causing both vehicles to catch fire.

Responders extinguished the fire and rescued the horse from the trailer.

Prosecutors stressed that after the crash, De La Lima-Vargas did not ask about the condition of the people he hit.

"He did, however, express concern for his horse, which had been in the horse trailer at the time of both of the crashes," former Marion County prosecutor Lori Evans said in a motion.

De La Lima-Vargas told investigators his wife was concerned about his driving the night of the crash. She offered to come and get him, but he declined because he did not know where he was.

Following the crash, prosecutors said the public was at risk of physical injury if De La Lima-Vargas was released. They asked that he be held without bail.

"The defendant had many opportunities to avoid this crash entirely but made a series of decisions that resulted in this crash and the death of two individuals," Evans said.

Leith ordered that De La Lima-Vargas be held without bail until a hearing scheduled for Sept. 5.

But during the hearing, Leith set bail at $500,000, finding that De La Lima-Vargas was charged with bailable offenses.

Previous coverage: ICE detains man charged with manslaughter of Salem couple, DUI

Case draws national attention

ICE agents, who had issued an immigration detainer with the jail, took De La Lima-Vargas into custody after he posted $50,000 security on Sept. 6.

Detainers serve as a legally authorized request, upon which a law enforcement agency may rely, to continue to maintain custody for up to 48 hours so that ICE may assume custody for deportation.

"The Marion County Jail does not honor any aspect of an ICE detainer, absent a criminal arrest warrant issued by a magistrate judge," ICE officials said.

The issue of not honoring ICE detainers has become part of a contentious national debate over "sanctuary cities."

De La Lima-Vargas arrested made national headlines, with opponents of so-called sanctuary cities citing his case.

An article on the far-right news website Breitbart read:

"An illegal alien living in the sanctuary city of Marion County, Oregon, has been charged with manslaughter after he allegedly drove drunk and killed a young American couple in their early thirties ... Marion County, where the deadly crash occurred, is a sanctuary city that protects criminal illegal aliens from deportation."

Measure 105 post-mortem: Why did effort to strike down Oregon's sanctuary law fail?

The issue of Oregon's sanctuary status went before voters in November.

Measure 105, which sought to repeal Oregon's sanctuary state law that prevented law enforcement from detaining people who are in the country illegally but have not broken other laws, was resoundingly defeated.

After ICE agents detained De La Lima-Vargas, agency officials said he was a threat to public safety.

“ICE’s mission is to protect public safety by upholding the immigration laws of the country," ICE officials said in a statement.

They added that the agency was not associated with the criminal proceedings in Marion County and would transfer De La Lima-Vargas back into local custody if prosecutors filed the appropriate motion.

In a matter of hours, prosecutors filed a motion with the Marion County court to reconsider holding him without bail in order to prevent his removal from the United States so he can face prosecution for his alleged crimes here before being deported to Mexico.

Prosecutor Katie Suver said they were advised that De La Limas-Vargas could be removed from the country. Law enforcement would have no way of ensuring his attendance at future court hearings if he was deported.

"At best, the defendant would remain in 'warrant' status and the case would never be tried," Suver said.

Victims' family unhappy with sentence

Leith ruled in the prosecutors' favor, and De La Lima-Vargas was transferred from an ICE detention facility in The Dalles back to the Marion County Jail.

Family members of the victims said the fact that De La Lima-Vargas would be housed and fed by the government and allowed to see his family while incarcerated felt like a "slap in the face."

When the judge talked about De La Lima-Vargas' constitutional rights, they expressed dismay that, as an undocumented immigrant, he was even allowed constitutional rights in the first place.

Logan's sister Mariah Turnidge called De La Lima-Vargas an "incredibly selfish, immoral person." She said he could've called a cab or slept in his vehicle the night of the crash.

"Instead, he used it as a murder weapon," she said.

The family asked for a longer sentence and cited De La Lima-Vargas' previous DUI arrest, which was diverted.

Through tears, De La Lima-Vargas said he has been praying for his victims.

"I would like to ask for forgiveness from the family," he said through an interpreter.

Vogt said De La Lima-Vargas had no previous criminal history and was not dangerous.

Before Leith delivered his sentence, he said he did not agree with Vogt.

"I disagree with the assertion that he is not a dangerous person," Leith said.

De La Lima-Vargas's actions the night of the crash show that he repeatedly endangered other people, Leith said.

He said no sentence could undo those actions leading to the tragic deaths of Logan and Jessica Wilson.

"It won't be made better," he said. "It can't be fixed."

Oregon Department of Corrections: Mexican National Crime Report March 2019

Information obtained from the Oregon Department of Corrections (DOC) indicated on March 1, 2019 that 720 of the 901 foreign nationals (criminal aliens) in the state’s prison system were Mexican nationals — 79.91 percent of the criminal alien prison population (Note: The number of Mexican nationals incarcerated in DOC prisons does not necessarily equal the number of Oregon residents victimized by this specific group of criminal aliens).

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

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Inmates W/ICE Detainers

DOC Number of Mexican National Inmates W/ICE Detainers

DOC Percent of Mexican National Inmates W/ICE Detainers

March 1, 2019

901

720

79.91%

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

Mexican (MEX) national criminals were sent to DOC prisons from 28 of 36 Oregon counties — 77.78 percent of the counties in the state.

Seven Oregon counties, Marion (190 MEX inmates), Washington (145 MEX inmates), Multnomah (112 MEX inmates), Clackamas (63 MEX inmates), Lane (32 MEX inmates), Jackson (30 MEX inmates) and Umatilla (24 MEX inmates) had 596 of the 720 Mexican national inmates incarcerated in DOC prisons — 82.78 percent of the MEX inmates.

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

OREGON DEPARTMENT OF CORRECTIONS

County

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

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

Marion

190

26.39%

Washington

145

20.14%

Multnomah

112

15.56%

Clackamas

63

8.75%

Lane

32

4.44%

Jackson

30

4.17%

Umatilla

24

3.33%

Yamhill

20

2.78%

Linn

15

2.08%

Polk

12

1.67%

Benton

11

1.53%

Klamath

10

1.39%

Malheur

9

1.25%

Deschutes

8

1.11%

Jefferson

7

0.97%

Tillamook

5

0.69%

Lincoln

4

0.56%

Wasco

4

0.56%

Clatsop

3

0.42%

Coos

3

0.42%

Douglas

3

0.42%

Hood River

3

0.42%

Josephine

2

0.28%

Baker

1

0.14%

Crook

1

0.14%

Gilliam

1

0.14%

Lake

1

0.14%

Morrow

1

0.14%

Columbia

0

0.00%

Curry

0

0.00%

Grant

0

0.00%

Harney

0

0.00%

Sherman

0

0.00%

Union

0

0.00%

Wallowa

0

0.00%

Wheeler

0

0.00%

Total

720

100.00%

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

Here are the ways Oregon residents were victimized by the 720 Mexican national criminals.

Significant numbers, there were 374 of the 720 criminal alien inmates from Mexico incarcerated in DOC prisons for three types of sex crimes — sex abuse, rape and sodomy — 51.94 percent of the Mexican national inmates in the state’s prisons.

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

OREGON DEPARTMENT OF CORRECTIONS

Crime

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

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

Sex Abuse

161

22.36%

Rape

136

18.89%

Homicide

101

14.03%

Sodomy

77

10.69%

Drugs

67

9.31%

Assault

61

8.47%

Robbery

28

3.89%

Kidnapping

17

2.36%

Burglary

14

1.94%

Theft

5

0.69%

Driving Offense

3

0.42%

Vehicle Theft

2

0.28%

Arson

1

0.14%

Escape

0

0.00%

Forgery

0

0.00%

Other / Comb. Crimes

47

6.53%

Total

720

100.00%

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

When compared to the overall DOC criminal alien prison population, Mexican nationals were 101 of the 130 criminal aliens convicted of homicidal crimes (various degrees of murder and manslaughter) incarcerated in the state’s prison system — 77.69 percent of all alien inmates serving time for homicidal crimes.

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

OREGON DEPARTMENT OF CORRECTIONS

Crime

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

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

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

Sex Abuse

184

161

87.50%

Rape

168

136

80.95%

Homicide

130

101

77.69%

Sodomy

98

77

78.57%

Assault

83

61

73.49%

Drugs

73

67

91.78%

Robbery

44

28

63.64%

Kidnapping

26

17

65.38%

Burglary

21

14

66.67%

Theft

16

5

31.25%

Driving Offense

4

3

75.00%

Vehicle Theft

3

2

66.67%

Arson

1

1

100.00%

Escape

0

0

0.00%

Forgery

0

0

0.00%

Other / Comb. Crimes

50

47

94.00%

Total

901

720

 

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

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

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

The DOC’s incarceration cost for 720 Mexican national inmates is approximately ($77,947.20) per day, ($545,630.40) per week, and ($28,450,728.00) per year.

None of preceding cost estimates for the DOC to incarcerate the 720 Mexican national inmates includes the dollar amount for legal services (indigent defense), language interpreters, court costs, or victim assistance.

Bibliography:

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

Oregon Department of Corrections Issue Brief Quick Facts, March 2019:
https://www.oregon.gov/doc/Documents/agency-quick-facts.pdf

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

Report: Nearly 20 Percent of Inmates in Federal Prisons Are Criminal Aliens

According to a  new report, criminal aliens currently make up nearly 20 percent of the population in the U.S. Federal Bureau of Prisons (BOP) system -- a total of 34,776.

David Olen Cross, a Salem, Ore., crime and immigration researcher, looked at the number of foreign nationals in the U.S. BOP system based on the most recent federal report. As of March 30, 2019, there were 179,761 inmates incarcerated in federal prisons across the U.S. Their countries of origin, according to the report, are:

• Mexico 21,668 inmates, 12.1 percent;

• Colombia 1,633 inmates, 0.9 percent;

• Dominican Republic 1,425 inmates, 0.8 percent;

• Cuba 1,169 inmates, 0.7 percent;

• Other/unknown countries 8,881 inmates, 4.9 percent;

• United States 144,985 inmates, 80.7 percent;

Cross, who researches and reports on foreign national crime, said in a press release on Sunday, "Combining March 30th BOP criminal alien inmate numbers, there were 34,776 criminal aliens in the BOP prison system," down slightly from June 2018, when there were just over 38,000. Still, alien inmates make up 19.3 percent of the federal prison population.

Cross added that the 21,668 Mexican nationals incarcerated in the BOP prison system comprise "the vast majority of criminal aliens in federal prisons."

A June 2018 Quarterly Alien Incarceration report from the Department of Justice found:

A total of 57,820 known or suspected aliens were in in DOJ custody at the end of FY 2018 Q1, including 38,132 persons in BOP custody and 19,688 in USMS [U.S. Marshalls Service] custody. Of this total, 42,284 people had been confirmed by U.S. Immigration and Customs Enforcement (ICE) to be aliens (i.e., non-citizens and non-nationals), while 15,536 aliens were still under investigation by ICE to determine alienage and/or removability.

Among the 42,284 confirmed aliens, 39,413 people (93 percent) were unlawfully present. These numbers include a 62 percent unlawful rate among 38,132 known or suspected aliens in BOP custody and a 78 percent unlawful rate among 19,688 confirmed aliens in USMS custody.

Approximately 16,233 aliens in USMS custody required housing in state, local, and private facilities, which cost $1,458,372.72 a day.

Note that the cost number is only for criminal aliens housed in U.S. Marshals Service facilities -- it does not include the 34,776 incarcerated in BOP facilities, nor those in custody at state and local facilities.

Cross notes that the U.S. Federal Bureau of Prisons breaks down the prison population into 13 types of offenses, with immigration crimes accounting for only 6.5 percent of the federal prison population -- a total of 10,826 inmates. In other words, only one in three criminal alien inmates housed in the BOP system is incarcerated as a result of immigration crimes.

The DOJ report tabulated BOP statistics from the first quarter of 2018, noting that nearly half (46 percent) were incarcerated as the results of drug trafficking or other drug-related offenses. But the incarcerations were not limited to drug crimes, as this chart from the DOJ shows:

These numbers do not include known or suspected criminal aliens being held by the U.S. Marshals Service or in state and local facilities.

The 2018 DOJ report cited examples of newly incarcerated or sentenced BOP inmates:

• Anibel Rondolpho Rodriguez, an illegal alien from Honduras who was residing in Freeport, NY, was sentenced to 45 years in prison after he pled guilty to racketeering charges, two murder conspiracies, two attempted murders, and threatening to commit assault.

• Eduardo Martinez, an illegal alien who was residing in Fort Wayne, Indiana, was sentenced to 324 months in prison after he pled guilty to possession with intent to distribute more than a kilogram of heroin, distribution of over 50 grams of methamphetamine, and possession of a firearm.

• Pedro Quintero-Enriques, an illegal alien from Mexico who was residing in Summerdale, Alabama, was sentenced to 108 months in prison after he pled guilty to illegal reentry after deportation and felon in possession of firearms.

Then-Attorney General Jeff Sessions said at the time the report was issued, "The illegal immigrant crime rate in this country should be zero." He added, "Every crime committed by an illegal alien is, by definition, a crime that should have been prevented. It is outrageous that tens of thousands of Americans are dying every year because of the drugs and violence brought over our borders illegally and that taxpayers have been forced, year after year, to pay millions of dollars to incarcerate tens of thousands of illegal aliens."

Border Patrol union chief tells how to break log-jam of asylum seekers

Brandon Judd, president of National Border Patrol Council, the union that represents the agents and support staff of the U.S. Border Patrol, presents a great idea for changes that would simplify and restore control of the border.  He recommends that DHS cross-designate and train Border Patrol agents at the senior patrol agent level as asylum officers with limited authority to conduct “credible fear” interviews.

As he explains: “Asylum and deportation proceedings are civil administration actions, not criminal. Therefore, DHS has the right to establish fear thresholds. Unlike in a criminal proceeding, where the government must prove its case, the burden of proof falls on the illegal border-crosser to provide proof establishing a credible fear.

“If the ‘credible fear’ process begins upon arrest by Border Patrol agents, instead of at a later interview before an asylum officer, the process will be much more efficient. If an asylum-trained senior patrol agent determines that the alien has not established a credible fear, an order of expedited removal can be issued, and the illegal border-crosser can be removed immediately. The illegal border-crosser does have appeal rights, but by regulation an immigration judge must hear the case within 10 days of the person asking for reconsideration. Again, because this is not a criminal proceeding, the burden of proof remains on the illegal border-crosser, not the U.S. government.

“If no credible fear is established, the process would take no more than 10 days instead of the 2 to 5 years it now takes to deport an illegal border-crosser who claims asylum. This simple adjustment would end catch-and-release. …”

Read the full article here.  It was published as an analysis/opinion in The Washington Times, Sunday, March 31, 2019.  

Another good discussion goes into more detail: “Top border agent: We don’t need Congress to stop mass migration,” by Daniel Horowitz in The Conservative Review, April 3, 2019.  See it here.

According to an April 4 blog from NumbersUSA, the DHS has recently begun some use of the approach described by Brandon Judd.

You can contact The White House and urge Pres. Trump to have DHS deputize sufficient numbers of its senior Border Patrol officers to act as asylum adjudicators, and stop use of the ineffective catch-and-release procedures.  Email:  https://www.whitehouse.gov/contact/

Illegal Aliens Go for a Windfall

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

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

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

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

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

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

Share this release here.  


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

Oregon Department of Corrections: Mexican National Crime Report February 2019

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

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

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Inmates W/ICE Detainers

DOC Number of Mexican National Inmates W/ICE Detainers

DOC Percent of Mexican National Inmates W/ICE Detainers

February 1, 2019

913

730

79.96%

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

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

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

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

OREGON DEPARTMENT OF CORRECTIONS

County

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

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

Marion

195

26.71%

Washington

146

20.00%

Multnomah

114

15.62%

Clackamas

64

8.77%

Lane

33

4.52%

Jackson

31

4.25%

Umatilla

24

3.29%

Yamhill

20

2.74%

Linn

16

2.19%

Polk

12

1.64%

Benton

10

1.37%

Klamath

10

1.37%

Deschutes

9

1.23%

Malheur

9

1.23%

Jefferson

6

0.82%

Douglas

4

0.55%

Lincoln

4

0.55%

Tillamook

4

0.55%

Wasco

4

0.55%

Clatsop

3

0.41%

Coos

3

0.41%

Hood River

3

0.41%

Josephine

2

0.27%

Crook

1

0.14%

Gilliam

1

0.14%

Lake

1

0.14%

Morrow

1

0.14%

Baker

0

0.00%

Columbia

0

0.00%

Curry

0

0.00%

Grant

0

0.00%

Harney

0

0.00%

Sherman

0

0.00%

Union

0

0.00%

Wallowa

0

0.00%

Wheeler

0

0.00%

Total

730

100.00%

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

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

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

OREGON DEPARTMENT OF CORRECTIONS

Crime

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

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

Sex Abuse

166

22.74%

Rape

138

18.90%

Homicide

102

13.97%

Sodomy

77

10.55%

Drugs

72

9.86%

Assault

57

7.81%

Robbery

28

3.84%

Kidnapping

18

2.47%

Burglary

14

1.92%

Theft

5

0.68%

Driving Offense

3

0.41%

Vehicle Theft

2

0.27%

Arson

1

0.14%

Escape

0

0.00%

Forgery

0

0.00%

Other / Comb. Crimes

47

6.44%

Total

730

100.00%

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

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

OREGON DEPARTMENT OF CORRECTIONS

Crime

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

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

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

Sex Abuse

190

166

87.37%

Rape

170

138

81.18%

Homicide

132

102

77.27%

Sodomy

98

77

78.57%

Assault

79

57

72.15%

Drugs

77

72

93.51%

Robbery

43

28

65.12%

Kidnapping

27

18

66.67%

Burglary

22

14

63.64%

Theft

15

5

33.33%

Vehicle Theft

4

2

50.00%

Driving Offense

4

3

75.00%

Arson

1

1

100.00%

Escape

0

0

0.00%

Forgery

0

0

0.00%

Other / Comb. Crimes

51

47

92.16%

Total

913

730

 

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

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

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

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

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

Bibliography:

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

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

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

USBP Agents Arrest Previously Removed Rapist

TUCSON, Ariz. – Tucson Sector Border Patrol Agents apprehended a previously deported Mexican national with a violent criminal history after he entered the U.S. illegally Thursday morning east of Nogales.

During processing, agents conducting a records check on 38-year-old Juan Maldonado-Martinez discovered his Oregon convictions for rape in the third degree in 2003 and forgery in the first degree in 2004.

Maldonado will remain in federal custody to face felony immigration prosecution.

All persons apprehended by the Border Patrol undergo criminal history checks using biometrics to ensure illegal aliens with criminal histories are positively identified.

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