Oregon

What sanctuaries would cost Oregonians under new DOJ rule

A new day is dawning for sanctuary jurisdictions that have taken advantage of grant money from the federal government but declined to cooperate as they should with federal immigration law enforcement.
 
Attorney General Jeff Sessions issued a new rule July 25 for jurisdictions applying for Byrne grants to assist state and local law enforcement. Byrne grants, formally called Edward Byrne Memorial Justice Assistance Grant Programs (“Byrne JAG”), are the largest source of federal criminal justice funds for state, local, and tribal authorities.
 
There are quite a few jurisdictions in Oregon that used money from these grants in 2016, so now they need to take another look at their uncooperative policies with federal authorities in regard to immigration.
 
Taxpayers could be hit with bigger bills than ever if the affected jurisdictions fail to meet Department of Justice requirements for the grants and do not receive any.  And citizens in these locations can expect increases in numbers of illegal aliens in their communities, if a jurisdiction chooses to “go it alone” and continues its sanctuary policies.
 
Thanks to the Center for Immigration Studies for their detailed examination of which jurisdictions could lose how much money each year by losing the Byrne grants.
 
In Oregon, jurisdictions that received significant amounts from the Byrne program in 2016 and now must show proper cooperation with DOJ or lose the grants, are:
 
City of Portland $465,810 
Lane County $84,217 
City of Salem $69,968 
County of Washington $39,976 
Deschutes. County of $33,730 
Clackamas County Juvenile Department $25,771 
City of Grants Pass $17,547 
City of Beaverton $17,239  
City of Redmond $11,874 
 

Lane County commissioners vote to ban use of public funds for federal immigration enforcement

Lane County commissioners voted Tuesday to bar county employees from using public funds to enforce federal immigration laws in most cases.

The five-member board unanimously approved adding new language to the county’s policy manual banning the use of money, equipment or personnel for “detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws.”

The move is designed to encourage local undocumented immigrants to work with Lane County sheriff’s deputies without fear of deportation.

The commissioners’ vote followed months of lobbying by Lane County residents worried about the effects of President Trump’s stricter enforcement of federal immigration laws. It also comes amid a national debate over so-called “sanctuary city” policies and efforts by liberal-leaning states that don’t want to use locally funded staff to enforce stricter federal immigration policies.

“We are a local government providing local services. If a citizen is afraid to come to us, that really affects our ability to protect people,” Commissioner Jay Bozievich said shortly before the board voted to add the language covering “foreign citizenship” in the Lane Manual.

County officials say the Lane Manual change reflects policies already practiced by agencies such as the Lane County Sheriff’s Office and Lane County Health and Human Services.

The language would allow county personnel to help federal immigration officials if a federal judge had ordered a person to be arrested for violating federal immigration law. However, such situations appear to be rare.

In November, shortly after Trump’s victory, Lane County, mayors of nine cities and other organizations co-signed a statement of unity vowing to protect marginalized residents such as immigrants.

But local speakers and numerous letter writers have urged local governments such as the city of Eugene and Lane County to go further and commit to refraining from helping in federal deportation arrests — even though such assistance by state or local government is already prohibited by Oregon law.

More than a dozen people spoke at Tuesday’s board meeting, each urging the commissioners to approve the language barring county resources from being used for federal deportation efforts.

No one spoke against the Lane Manual change.

“I have no problem with people who come from unimaginable situations who come to this country to make a better life for themselves and their children, whether through legal or illegal means,” said Ellen Furstner, a Marcola resident who described herself as a second-generation refugee.

Lane County Administrator Steve Mokrohisky said staff worked to ensure the policy was within state and federal law.

Oregon Revised Statutes contains identical language to the Lane Manual addition, barring law enforcement from using agency resources for deportation actions against someone wanted solely for violating federal immigration law.

“As of today, we believe this language does not put at risk our ability to access state and federal funds,” Mokrohisky said.

Follow Elon on Twitter @EGlucklich . Email elon.glucklich@registerguard.com .
 

Oregon Department of Corrections: Foreign National Homicide Report May 2017

Information obtained from the Oregon Department of Corrections (DOC) indicated that on May 1, 2017 that 136 of the 969 foreign nationals (criminal aliens) in the state’s prison system were incarcerated for homicidal crimes (various degrees of murder and manslaughter), 14.04 percent of the criminal alien prison population.

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 for homicidal crimes.
 

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Inmates W/ICE Detainers

DOC Number of Inmates W/ICE Detainers for Homicidal Crimes

DOC Percent of Inmates W/ICE Detainers for Homicidal Crimes

May 1, 2017

969

136

14.04%

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

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

OREGON DEPARTMENT OF CORRECTIONS

County

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

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

Multnomah

37

27.21%

Marion

22

16.18%

Washington

21

15.44%

Umatilla

11

8.09%

Clackamas

7

5.15%

Jackson

6

4.41%

Lane

5

3.68%

Yamhill

4

2.94%

Klamath

3

2.21%

Linn

3

2.21%

Benton

2

1.47%

Josephine

2

1.47%

Lincoln

2

1.47%

Polk

2

1.47%

Clatsop

1

0.74%

Coos

1

0.74%

Douglas

1

0.74%

Gilliam

1

0.74%

Hood River

1

0.74%

Jefferson

1

0.74%

Malheur

1

0.74%

OOS

1

0.74%

Tillamook

1

0.74%

Baker

0

0.00%

Columbia

0

0.00%

Crook

0

0.00%

Curry

0

0.00%

Deschutes

0

0.00%

Grant

0

0.00%

Harney

0

0.00%

Lake

0

0.00%

Morrow

0

0.00%

Sherman

0

0.00%

Union

0

0.00%

Wallowa

0

0.00%

Wasco

0

0.00%

Wheeler

0

0.00%

Total

136

100.00%

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

Using DOC ICE immigration detainer numbers, the following table reveals the self-declared countries of origin of the 136 criminal alien inmates by number and percentage incarcerated on May 1st in the state’s prisons for homicidal crimes.
 

OREGON DEPARTMENT OF CORRECTIONS

Country

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

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

 

Mexico

109

80.15%

 

Canada

3

2.21%

 

Cuba

3

2.21%

 

Vietnam

3

2.21%

 

Cambodia

2

1.47%

 

Guatemala

2

1.47%

 

Laos

2

1.47%

 

China

1

0.74%

 

Costa Rica

1

0.74%

 

El Salvador

1

0.74%

 

Japan

1

0.74%

 

Mariana Islands

1

0.74%

 

Marshall Islands

1

0.74%

 

Nicaragua

1

0.74%

 

Nigeria

1

0.74%

 

Peru

1

0.74%

 

South Africa

1

0.74%

 

South Korea

1

0.74%

 

Turkey

1

0.74%

 

Total

136

100.00%

 

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

Criminal aliens from 19 different countries have committed homicidal violence against 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/

https://docfnc.wordpress.com/2017/06/23/oregon-department-of-corrections-foreign-national-homicide-report-may-2017/

Deportation arrests rise in Rockwood, Latinos say

Breaking a trend, ICE office reports 129 arrests in March.

Deportation agents are stepping up arrests in the Rockwood neighborhood, according to a prominent nonprofit leader in the Latino community.

"What we call the Rockwood area — maybe the David Douglas (School District) — it's always been a no man's land," said community organizer Francisco Lopez. "Nobody pays attention to the area, except ICE."

Lopez heads Voz Hispana Cambio Comunitario, which runs citizenship classes and has organized several marches against U.S. Immigration and Customs Enforcement, also known as ICE.

The organization has identified hot spots in Rockwood (Multnomah County) and the Cornelius and Forest Grove areas west of Hillsboro (Washington County.)

Lopez said more undocumented immigrants are being arrested in these areas than in previous years.

Lopez says the group tracks phone calls from immigrants seeking legal help, which usually arrive after a family member has been picked up.

"The East Multnomah County area has been targeted more aggressively," Lopez argued. "We have seen a lot of phone calls saying, 'They arrested my husband,' 'They arrested my son.'"

The latest numbers from ICE, while not showing a prolonged uptick, do confirm that the business of deportation is continuing as usual.

Deportation officers based in Portland arrested 129 people in March — a big jump — before returning to 68 arrests in April, which is more in line with normal arrest figures.

For comparison, ICE's Portland office made 92 arrests in February and 64 in January. In the three months prior to President Donald Trump's inauguration, October through December 2016, ICE's Portland office made between 71 and 79 arrests each month.

The agency has previously stated it doesn't compile arrest data by location, and it's unclear how many of those arrests occurred in Multnomah County. An ICE spokeswoman notes that those numbers are preliminary and should be considered unofficial estimates.

"Deportation officers carry out enforcement actions every day in locations around the country as part of the agency's mission to protect public safety, border security and the integrity of the nation's immigration system," spokeswoman Rose M. Richeson said in a brief statement.

The large bump in March arrests may be due to a high-profile ICE sweep in Oregon and Washington, which netted 84 undocumented immigrants over a three-day period beginning Saturday, March 25.

Of those arrested during the sweep, 60 had been previously arrested and 24 had no criminal background other than their immigration status, ICE said at the time.

"Man, I'm not surprised," said Lopez after being shown the latest tally. "March was a horrible month in the metro area."

For the newest numbers, ICE also did not specify whether any of those arrests occurred at or near courthouses in Multnomah County.

High-profile deportation arrests at justice centers topped newsfeeds earlier this year, at the same time many county and city officials were loudly re-affirming their commitment to sanctuary status.

Echoing previous reports, a spokesman for Multnomah County Sheriff's Office says undocumented immigrants need to feel safe speaking to uniformed police officers, who don't enforce immigration laws but frequently need the help of eyewitnesses to solve other crimes.

But it's also clear undocumented immigrants who are arrested for non-immigration crimes by local law enforcement are likely to end up on ICE's radar.

For instance, the Sheriff's Office sends all booking records to the state police, who then share that information with ICE.

"ICE may well have access to fingerprint information from the Oregon State Police, but that's not under the Sheriff's purview," explained Lt. Chad Gaidos, an MCSO spokesman. "That's not his decision to disseminate that. He has to follow Oregon state law."

David Olen Cross, a lawful immigration advocate, notes that ICE has access to jail records and other tracking numbers used by the FBI and state law enforcement.

"ICE isn't some separate government entity that doesn't have access to what everybody else does," he said.

Approximately 130,000 unauthorized immigrants live in Oregon, according to the nonprofit pollster Pew Research Center.

Oregon Department of Corrections: Criminal Alien Report April 2017

The Oregon Department of Corrections (DOC) April 1, 2017 Inmate Population Profile indicated there were 14,644 inmates incarcerated in the DOC’s 14 prisons.

Data obtained from the DOC indicated that on April 1st there were 962 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, 6.57 percent of the total prison population.

Some background information, all 962 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 April 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

April 1, 2017

14,644

13,682

962

6.57%

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

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

24.12%

Multnomah

202

21.00%

Washington

190

19.75%

Clackamas

78

8.11%

Lane

46

4.78%

Jackson

32

3.33%

Yamhill

23

2.39%

Umatilla

21

2.18%

Klamath

16

1.66%

Linn

16

1.66%

Benton

15

1.56%

Polk

15

1.56%

Deschutes

14

1.46%

Malheur

11

1.14%

Lincoln

8

0.83%

Jefferson

5

0.52%

Clatsop

4

0.42%

Coos

4

0.42%

Josephine

4

0.42%

Wasco

4

0.42%

Columbia

3

0.31%

Douglas

3

0.31%

Hood River

3

0.31%

Tillamook

3

0.31%

Crook

2

0.21%

Morrow

2

0.21%

Union

2

0.21%

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

962

100.00%

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

Here are the ways Oregon residents were victimized by the 962 criminal aliens.

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

OREGON DEPARTMENT OF CORRECTIONS

Crime

DOC Total Inmates W/ ICE Detainers

DOC % Inmates W/ICE Detainers

Sex Abuse

193

20.06%

Rape

170

17.67%

Homicide

137

14.24%

Drugs

104

10.81%

Sodomy

94

9.77%

Assault

80

8.32%

Robbery

56

5.82%

Kidnapping

27

2.81%

Burglary

20

2.08%

Theft

18

1.87%

Driving Offense

8

0.83%

Vehicle Theft

4

0.42%

Arson

0

0.00%

Forgery

0

0.00%

Escape

0

0.00%

Other / Combination

51

5.30%

Total

962

100.00%

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

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

1,744

1,551

193

11.07%

Rape

974

804

170

17.45%

Homicide

1,696

1,559

137

8.08%

Drugs

876

772

104

11.87%

Sodomy

1,016

922

94

9.25%

Assault

2,000

1,920

80

4.00%

Robbery

1,536

1,480

56

3.65%

Kidnapping

292

265

27

9.25%

Burglary

1,308

1,288

20

1.53%

Theft

1,101

1,083

18

1.63%

Driving Offense

217

209

8

3.69%

Vehicle Theft

467

463

4

0.86%

Arson

74

74

0

0.00%

Forgery

45

45

0

0.00%

Escape

36

36

0

0.00%

Other / Combination

1,262

1,211

51

4.04%

Total

14,644

13,682

962

 

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

Using DOC ICE detainer numbers, the following table reveals the self-declared countries of origin of the 962 criminal alien prisoners by number and percentage incarcerated on April 1st in the state’s prisons.
 

OREGON DEPARTMENT OF CORRECTIONS

Country

DOC Total Inmates W/ ICE Detainers

DOC % Inmates W/ICE Detainers

Mexico

773

80.35%

Guatemala

20

2.08%

El Salvador

13

1.35%

Vietnam

13

1.35%

Cuba

12

1.25%

Honduras

12

1.25%

Russia

9

0.94%

Federated States of Micronesia

7

0.73%

Ukraine

7

0.73%

Marshall Islands

6

0.62%

Cambodia

4

0.42%

China

4

0.42%

Laos

4

0.42%

Philippines

4

0.42%

Thailand

4

0.42%

Canada

3

0.31%

Other Countries

67

6.96%

Total

962

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 April 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 962 criminal alien prison population is approximately ($90,957.10) per day, ($636,699.70) per week, and ($33,199,341.50) 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 962 criminal aliens to the DOC will be at least ($31,419,266.50).

None of preceding cost estimates for the DOC to incarcerate the 962 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 April 1, 2017:
http://www.oregon.gov/doc/RESRCH/docs/inmate_profile_201704.pdf

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

ORP Chair calls out Portland and it's handling of the May Day "Parade for Rioters"

It's not Trump or Republicans; Portland has a riot problem  - May 6, 2017

by Bill Currier

On Monday, protesters all over the world marched on behalf of world socialism, communism, and a bunch of other causes popular with the political left. In Portland, they rioted. To be fair, many protesters did not riot, but the ones who did showed that they rule the streets of Portland. The rioters were clad in black with scarves covering their faces, burning things, breaking windows, damaging property, and terrorizing afternoon commuters just trying to get home.

In other words, it was a Parade for Rioters.

Meanwhile, two days earlier on Saturday, April 29th, the 82nd Avenue of Roses Parade and Carnival was canceled, courtesy of the threats issued by the same despicable thugs...

The stated goal of these groups is to label anyone that they object to as being "fascist" and to "shut them down." They boast about "how much power" they have, that "the police cannot stop" them, they openly threaten to "endanger future parades," and add that their threats are "non-negotiable." They are indeed "anti-free speech" groups and live up to the very definition of "fascist" themselves.

It's time to face it: First and foremost, Portland has a "riot" problem, not a Trump problem or a Republican problem. The strategy of appeasing rioters at the expense of the law-abiding citizens and business owners has entirely failed, and the people have had enough of it...
 
Local authorities must do more than catch and release these rioters...

It is time for public officials to "shut down" these groups and put them out of business in Oregon and elsewhere...

If our state and local leaders can't bring themselves to do this, and particularly if their political sympathies or fears are preventing them from doing so, then Portland and Oregon have a much bigger problem to solve.

Which is it gonna be: Family-friendly parades or Parades for Rioters?

Bill Currier is the chairman of the Oregon Republican Party.

Read the full article and comments online:  http://www.oregonlive.com/opinion/index.ssf/2017/05/its_not_trump_or_rep...

Once celebrated, special driver's licenses stir anxiety among immigrants in California

AUBURN, Calif. -- Leticia Aceves remembers the fear of her first drive alone.

... in the country illegally with no driver's license, and little grasp of English or California's traffic laws...

"I was shaking all the way from my house... Aceves said.

Two years ago, driving got less stressful for Aceves and 850,000 other Californians who received driver's licenses under a state law meant to help immigrants living in the country illegally become more integrated into society.

Over the past decade, California has taken several steps to bring immigrants without legal status into the mainstream, including health care for the young and financial aid for college students.

....Being able to drive without fear of arrest has given immigrants access to more jobs and made them more confident drivers, they say....

But President Donald Trump's crackdown on immigration has made those license holders anxious...

The issue facing undocumented immigrants in California isn't at play in Oregon. Since 2008, Oregon has required applicants for driver's licenses or permits to provide proof of citizenship.

In California, the decision to give driver's licenses to immigrants here illegally was hotly debated, and it took more than a decade to get the law passed. Critics continue to argue that it has legitimized illegal immigration....

The licenses are designed for people who cannot show proof of legal-resident status in the United States...

Still, the licenses have changed the lives of tens of thousands of people in California. Manuel Mesa remembers well the anxiety that came with driving illegally....

...When Mesa got a driver's license in 2015, he became more inclined to challenge police if he felt his rights were being violated. He also said learning traffic laws in preparation for the exam made him more confident behind the wheel...

More important, the license helped him get a better job. Mesa applied for a commercial driver's license and now works as a big-rig driver, hauling wood, computers, foods and other products.

Jessica Gonzalez, a DMV spokeswoman, said that although the department makes "databases available to law-enforcement entities," that information would not include the legal status of license holders. She said state laws forbid police from discriminating based on a person showing an AB-60 license.

ICE spokeswoman Lori Haley said investigators could use information from the DMV in the course of criminal investigations, but that "ICE does not use data from the DMV to identify immigration enforcement targets."

This month, though, the American Civil Liberties Union released documents that it contends show that Vermont's Department of Motor Vehicles coordinated with ICE last year. The record included emails between ICE and the Vermont DMV in which immigration agents asked that the legal status of certain drivers be checked, said James Lyall, executive director of the ACLU of Vermont.

Vermont is one of 12 states and the District of Columbia where unauthorized immigrants can obtain driver's licenses.

The Trust Act in California offers a measure of protection, said Daniel Sharp, the legal director at the Central American Resource Center, a community organization that helps immigrants get licenses, among other programs. That law makes it harder for state and local law enforcement officials to hold immigrants who have committed minor crimes for pickup by ICE agents.

In this climate of fear, Sharp said, it's unlikely that immigrants who have waited this long will apply for a license.

Proponents of California's law argue that licensing immigrants who are in the U.S. illegally has made roads safer...

A recent study by Stanford researchers showed that hit-and-run cases were increasing more slowly because licensed drivers are less likely to flee the scene of a crime.

But critics such as Hans von Spakovsky of the conservative Heritage Foundation say issuing the licenses to such immigrants legitimizes their presence in the country and makes it easier for them to stay. Even though the license looks different and has specific limitations, von Spakovsky said, it "makes it easier for them to use this government-issued ID for many illegal purposes, such as applying for government benefits or registering to vote."

Pendleton City Council declines sanctuary city status

The City Council took no action on the mostly symbolic measure of making Pendleton a sanctuary city.

At a Tuesday meeting, city resident Shaindel Beers asked the council to declare Pendleton a sanctuary city by adopting an American Civil Liberties Union-endorsed list of nine policies and rules that limited local police cooperation with federal immigration enforcement.

Beers’ request only drew public support from city councilor Scott Fairley, whose motion to adopt the policies died from a lack of a second.

In her presentation, Beers said that although Oregon is already considered a “sanctuary state,” adopting the ACLU’s policies and rules would send a message to undocumented immigrants that Pendleton was a safe and inclusive place.

“A scared population isn’t a safe population,” she said. “If we can make people feel safe and included we would be a better community and a community that people would be proud to be a part of.”

Beers, an English instructor at Blue Mountain Community College, said BMCC already had “safe spaces” on campus, although she was unaware if any other cities in Eastern Oregon had adopted the ACLU’s list.

Thanks to state law, police chief Stuart Roberts told the council that the city was already practicing many of the policies and rules listed by the ACLU.

Roberts said the exception was a rule that required immigration enforcement agents to always wear duty jackets and make their badges visible at all times while in city facilities.

He added that officers don’t usually detain suspects in the police department and rarely come into contact with immigration enforcement.

Roberts said adopting the ACLU policies wouldn’t affect how Pendleton police conduct business or the department’s budget, meaning he didn’t have a strong opinion on the list one way or the other.

Councilor John Brenne worried that President Donald Trump’s threats to strip federal funding from sanctuary cities would hurt Pendleton.

Both Roberts and city attorney Nancy Kerns were unsure if the Trump administration would legally be able to level punitive measures against sanctuary cities.

Sometimes the council’s deliberations resembled glass half-empty or glass half-full argument. While Fairley thought there was no downside to adopting the ACLU policies, councilor Neil Brown saw no upside.

Ultimately, Beers’ request couldn’t find enough supporters on the council besides Fairley and the council took no action.
 

Oregon Department of Corrections: Criminal Alien Report March 2017

The Oregon Department of Corrections (DOC) March 1, 2017 Inmate Population Profile indicated there were 14,654inmates incarcerated in the DOC’s 14 prisons.

Data obtained from the DOC indicated that on March 1st there were 974 foreign nationals (criminal aliens) incarcerated in the state’s prison system; almost one in every fifteen prisoners incarcerated by the state was a criminal alien, 6.65 percent of the total prison population.

Some background information, all 974 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 March 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

March 1, 2017

14,654

13,680

974

6.65%

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

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

236

24.23%

Multnomah

207

21.25%

Washington

189

19.40%

Clackamas

80

8.21%

Lane

49

5.03%

Jackson

36

3.70%

Yamhill

22

2.26%

Umatilla

21

2.16%

Linn

16

1.64%

Klamath

15

1.54%

Benton

14

1.44%

Polk

14

1.44%

Deschutes

13

1.33%

Malheur

11

1.13%

Lincoln

8

0.82%

Jefferson

5

0.51%

Clatsop

4

0.41%

Coos

4

0.41%

Douglas

4

0.41%

Josephine

4

0.41%

Columbia

3

0.31%

Hood River

3

0.31%

Tillamook

3

0.31%

Wasco

3

0.31%

Crook

2

0.21%

Morrow

2

0.21%

Union

2

0.21%

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

974

100.00%

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

Here are the ways Oregon residents were victimized by the 974 criminal aliens.

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

OREGON DEPARTMENT OF CORRECTIONS

Crime

DOC Total Inmates W/ ICE Detainers

DOC % Inmates W/ICE Detainers

Sex Abuse

197

20.23%

Rape

170

17.45%

Homicide

137

14.07%

Drugs

111

11.40%

Sodomy

97

9.96%

Assault

76

7.80%

Robbery

55

5.65%

Kidnapping

26

2.67%

Burglary

22

2.26%

Theft

19

1.95%

Driving Offense

7

0.72%

Vehicle Theft

4

0.41%

Arson

0

0.00%

Forgery

0

0.00%

Escape

0

0.00%

Other / Combination

53

5.44%

Total

974

100.00%

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

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

1,750

1,553

197

11.26%

Rape

964

794

170

17.63%

Homicide

1,686

1,549

137

8.13%

Drugs

877

766

111

12.66%

Sodomy

1,021

924

97

9.50%

Assault

1,999

1,923

76

3.80%

Robbery

1,536

1,481

55

3.58%

Kidnapping

291

265

26

8.93%

Burglary

1,310

1,288

22

1.68%

Theft

1,096

1,077

19

1.73%

Driving Offense

230

223

7

3.04%

Vehicle Theft

457

453

4

0.88%

Arson

75

75

0

0.00%

Forgery

47

47

0

0.00%

Escape

34

34

0

0.00%

Other / Combination

1,281

1,228

53

4.14%

Total

14,654

13,680

974

 

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

Using DOC ICE detainer numbers, the following table reveals the self-declared countries of origin of the 974 criminal alien prisoners by number and percentage incarcerated on March 1st in the state’s prisons.
 

OREGON DEPARTMENT OF CORRECTIONS

Country

DOC Total Inmates W/ ICE Detainers

DOC % Inmates W/ICE Detainers

Mexico

785

80.60%

Guatemala

20

2.05%

Cuba

13

1.33%

El Salvador

13

1.33%

Vietnam

13

1.33%

Honduras

12

1.23%

Ukraine

9

0.92%

Russia

8

0.82%

Federated States of Micronesia

7

0.72%

Marshall Islands

5

0.51%

Cambodia

4

0.41%

Laos

4

0.41%

Philippines

4

0.41%

Thailand

4

0.41%

Canada

3

0.31%

Other Countries

70

7.19%

Total

974

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 March 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 974 criminal alien prison population is approximately ($92,091.70) per day, ($644,641.90) per week, and ($33,613,470.50) 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 974 criminal aliens to the DOC will be at least ($31,825,395.50).

None of preceding cost estimates for the DOC to incarcerate the 974 criminal aliens includes the dollar amount for legal services (indigent defense), language interpreters, court costs, or victim assistance.


 

Legislation could prevent some deportations of legal immigrants

SALEM — State lawmakers are considering a change to sentencing law that could help prevent the mandatory federal deportation of legal immigrants convicted of gross misdemeanors.

The proposal is in an amendment to Attorney General Ellen Rosenblum’s bill:[HB 2355] to discourage racial profiling.

The change would reduce the maximum sentence for a Class A misdemeanor from 365 days to 364 days. A 365-day sentence is one of several triggers for mandatory federal deportation of green card holders, refugees and other legal noncitizens. Other triggers are violent crimes and felonies, said Stephen Manning, a Portland immigration attorney.

The change would have no effect on illegal immigrants.

“This is an equity issue,” said state House Speaker Tina Kotek, D-Portland. “People should not be torn from their families and their communities because of an arbitrary difference between state and federal sentencing law for low-level, nonviolent misdemeanors.”

If adopted, the law would make Oregon uniform with Washington state and California, which already made the change in the last several years.

It would serve to strengthen the three states’ governors’ efforts to create “a zone of inclusivity” along the West Coast, Manning said.

Gov. Kate Brown has been defiant in the face of President Donald Trump’s executive orders limiting immigration and banning refugees, which also have been halted by the courts.

In February, Brown issued her own executive order barring the use of state resources to enforce federal immigration policy. Rosenblum subsequently sought to join Washington’s lawsuit against the Trump administration’s immigration orders.

“Gov. Brown supports the amendment and looks forward to signing the racial profiling bill into law to better protect all Oregonians,” said Bryan Hockaday, the governor’s press secretary.

Kotek requested the sentencing change to be added to an amendment to a bill that requires police to collect data on race when they pull over drivers or pedestrians. The bill is meant to discourage racial profiling by law enforcement.

Kotek made the request after receiving feedback from community groups, law enforcement, immigration attorneys and others working on the racial profiling bill, said Lindsey O’Brien, a spokeswoman in the Speaker’s Office.

Felonies, certain violent crimes and 365-day or greater sentences for gross misdemeanors can trigger mandatory deportation under federal law. Class A misdemeanors in Oregon can range from falsifying information and writing a bad check to fourth-degree assault.

“Shifting to 364 days means our fellow Oregonians are not subject to that very drastic penalty,” Manning said.

As an immigration attorney, Manning said he sees legal immigrants deported for misdemeanor crimes all of the time.

“I couldn’t even count for you how many times,” he said. “It’s extremely painful and sad … and is a form of stigmatization against noncitizens.”

The House Judiciary Committee adopted the amendment and approved the overarching bill in March. No one addressed the significance of the sentencing change at that time.

Reps. Sal Esquivel of Medford, and Mike Nearman of Independence said they oppose the change because they see it as an attempt to circumvent federal law.

“To me that is a way to dodge the federal law,” said Esquivel, who is the son of a legal Mexican immigrant. “You’re on probation when you come here on a green card.”

The two Republican lawmakers co-sponsored legislation this session to outlaw sanctuary city designations and to make English the state’s official language.

Several Oregon cities, including Portland, have declared themselves sanctuary cities for immigrants, and the Trump administration has threatened to pull federal grants and other funding from those jurisdictions.

The bill is now before the Joint Committee on Ways and Means but won’t have another hearing until May, said Rep. Duane Stark, R-Grants Pass, chairman of the Subcommittee on Public Safety.

The Capital Bureau is a collaboration between EO Media Group and Pamplin Media Group.
 

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