Oregon Legislature

State Rep. Sal Esquivel said he has hit a temporary roadblock with a ballot initiative that seeks to repeal Oregon's 1987 sanctuary city law that prevents local law enforcement from enforcing federal immigration law. But he says the hurdle won't derail the effort.

After the petition attracted 1,000 signatures to qualify for a draft ballot title, the Oregon Department of Justice decided on Oct. 28 that the petition wasn't clear enough in explaining its purpose to voters.

"We had enough signatures but they wouldn't give us a ballot title," said Esquivel, a Medford Republican.

Undaunted, Esquivel and Rep. Mike Nearman, R-Independence, have revised the language on the petition to comply with the Department of Justice, but may seek other legal means to get the ballot title or collect another 1,000 signatures.

Nearman said he was disappointed in the justice department because the Oregon secretary of state had allowed the ballot petition to collect the initial batch of signatures.

"They're the justice department and they owe us justice," he said.

The state sanctuary city law prevents local law enforcement from arresting people solely on the grounds they are in the country illegally.

Michelle Glass, regional director of Unite Oregon, said that repealing the sanctuary city law would make members of the community feel less safe and less inclined to call the police in emergency situations. Unite Oregon is an organization devoted to racial justice and other social issues, with a regional office in Medford.

Glass said she fears a repeal of the law would increase the rate of profiling.

"It's bad public policy," she said. "We're rural law enforcement areas that should be concerned with things that put our community at risk. We don't need to make the police's job more difficult."

Esquivel said he's been criticized for trying to repeal the law, but he doesn't think the effect of his initiative would lead to mass roundups of those in the country illegally. He said it would give police the ability to investigate someone further during a traffic stop to determine immigration status.

"Some people say I'm a racist, but I'm half-Mexican," Esquivel said. "People are getting tired of progressives calling other people names because they believe differently."

Esquivel said his family members also include someone who is gay and transgender. His own father came to the U.S. under the 1942 Bracero program that provided a legal means to work in the country. The program ended in 1964, but Esquivel said he thought it was a useful way to bring people into the country on a temporary legal basis.

Esquivel said he objects to the idea that people can remain in the country without any legal immigration status.

Making immigration arrests would further fill the Jackson County Jail, which now routinely releases prisoners early due to overcrowding. Esquivel said he wasn't sure where immigration offenders in Jackson County would be placed before being turned over to federal officials.

"That would be a local decision," he said. "I'm leaving it up to local people to make decisions on it."

Esquivel said the issue of sanctuary cities has been in the spotlight recently because of President-elect Donald Trump, who has promised to deport millions of Mexicans who aren't in the country legally.

"I think the Trump administration will come down on cities that are sanctuary cities," he said.

Ashland City Councilor Pam Marsh, who will replace state Rep. Peter Buckley in January, noted that both Ashland and Portland are sanctuary cities.

"We are taking the most compassionate, pragmatic approach to welcoming people into our communities," she said.

She said repealing the sanctuary law would deprive local residents of the ability to direct how their police officers enforce laws.

"I think this ballot measure would meet a tremendous amount of resistance," she said. "To eliminate a community's ability to be a sanctuary city would meet a lot of opposition." Read more about Esquivel will keep trying to repeal sanctuary law

Data obtained from the Oregon Department of Corrections (DOC) indicated that on September 1, 2016 there were 955 foreign nationals (criminal aliens) incarcerated in the state's prison system.

Breaking the DOC criminal alien prison population down by a specific geographic region of the world, 844 of the prisoners self-declared countries of origin were located in the Americas: North, Central and South America and the West Indies (Excluding the United States of America and its territories):

- North America had 771 criminal aliens, 91.35 percent of the DOC prisoners from the Americas;

- Central America had 52 criminal aliens, 6.16 percent of the DOC prisoners from the Americas;

- South America had six criminal aliens, 0.71 percent of the DOC prisoners from the Americas;

- The West Indies had 16 criminal aliens, 1.89 percent of the DOC prisoners from the Americas.

The 844 prisoners in the DOC prison system from the Americas were 88.38 percent of the total criminal alien prison population.

Some background information, all criminal aliens 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. Once identified by ICE these criminal aliens had immigration detainers placed on them by immigration officials monitoring the state's prisons. After these criminal alien inmates have completed their state sanctions, prison officials will transfer custody of these inmates to ICE.

Using DOC ICE detainer numbers, the following table reveals the self-declared countries of origin of the 844 criminal alien prisoners from the Americas by number and percentage incarcerated on September 1st in the state's prisons.

OREGON DEPARTMENT OF CORRECTIONS
Country DOC Total Inmates W/ ICE Detainers from the Americas DOC % Inmates W/ICE Detainers from the Americas
Mexico 766 90.76%
Guatemala 21 2.49%
Cuba 14 1.66%
El Salvador 14 1.66%
Honduras 10 1.18%
Canada 5 0.59%
Costa Rica 3 0.36%
Ecuador 3 0.36%
Peru 3 0.36%
Nicaragua 2 0.24%
Belize 1 0.12%
Jamaica 1 0.12%
Panama 1 0.12%
Total 844 100.00%
Source: Research and Evaluation DOC Report ICE inmates list 01 September 16.

The preceding table reveals that criminal aliens from thirteen countries located in the Americas were incarcerated in the DOC prison system. Mexico with 766 prisoners equated to 90.76 percent of the criminal aliens from the Americas incarcerated in the state's prisons.

Here are the ways Oregon residents were victimized by the 844 criminal aliens from the Americas.

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

OREGON DEPARTMENT OF CORRECTIONS
Crime DOC Total Inmates W/ ICE Detainers from the Americas DOC % Inmates W/ICE Detainers from the Americas
Sex Abuse 170 20.14%
Rape 156 18.48%
Homicide 120 14.22%
Drugs 99 11.73%
Sodomy 84 9.95%
Assault 71 8.41%
Robbery 40 4.74%
Kidnapping 24 2.84%
Theft 14 1.66%
Burglary 12 1.42%
Driving Offense 6 0.71%
Vehicle Theft 3 0.36%
Arson 0 0.00%
Forgery 0 0.00%
Escape 0 0.00%
Other / Combination 45 5.33%
Total 844 100.00%
Source: Research and Evaluation DOC Report ICE inmates list 01 September 16.

The preceding table reveals that 410 criminal aliens (48.58 percent) of those DOC prisoners from the Americas were incarcerated for three types of sex crimes: sex abuse, rape and sodomy.

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

OREGON DEPARTMENT OF CORRECTIONS
County DOC Total Inmates W/ ICE Detainers from the Americas DOC % Inmates W/ICE Detainers from the Americas
Marion 216 25.59%
Multnomah 163 19.31%
Washington 160 18.96%
Clackamas 66 7.82%
Lane 43 5.09%
Jackson 32 3.79%
Yamhill 22 2.61%
Umatilla 20 2.37%
Linn 16 1.90%
Benton 12 1.42%
Klamath 12 1.42%
Polk 12 1.42%
Malheur 12 1.42%
Lincoln 9 1.07%
Deschutes 8 0.95%
Jefferson 6 0.71%
Coos 5 0.59%
Josephine 5 0.59%
Douglas 4 0.47%
Morrow 4 0.47%
Clatsop 3 0.36%
Crook 3 0.36%
Tillamook 3 0.36%
Wasco 3 0.36%
Hood River 2 0.24%
Gilliam 1 0.12%
Lake 1 0.12%
Union 1 0.12%
Baker 0 0.00%
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 844 100.00%
Source: Research and Evaluation DOC Report ICE inmates list 01 September 16.

Twenty- eight Oregon counties had at least one criminal alien from the Americas incarcerated in DOC prisons. Five of the state's counties, Marion, Multnomah, Washington, Clackamas and Lane, had 648 prisoners (76.78 percent) of the criminal aliens from the Americas incarcerated in the state's prisons.

Beyond the DOC criminal alien incarceration numbers and percentages by countries of origin, by crime types or by the state's counties, criminal aliens from the Americas pose high economic cost on Oregon tax payers.

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

The DOC's incarceration cost for its 844 criminal alien prison population from the Americas is approximately ($79,800.20) per day, ($558,601.40) per week, and ($29,127,073.00) per year.

Even taking into account fiscal year 2015 U.S. Bureau of Justice Assistance, U.S. Department of Justice, State Criminal Alien Assistance Program (SCAAP) award of $1,602,510.00, if the State of Oregon receives the same amount of SCAAP funding for fiscal year 2016, the cost to incarcerate 844 criminal aliens to the DOC will be at least ($27,524,563.00).

None of preceding cost estimates for the DOC to incarcerate the 844 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 (unpublished MS Excel workbook) titled Incarcerated Criminal Aliens Report dated September 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), 2015 SCAAP award: https://www.bja.gov/funding/FY-2015-SCAAP-Awards.pdf

•

David Olen Cross of Salem writes on immigration issues and foreign national crime. He is a weekly guest on the Lars Larson Northwest Show. He can be reached at docfnc@yahoo.com or at http://docfnc.wordpress.com/

http://blog.oregonlive.com/myoregon/2016/09/oregon_department_of_correctio_4.html Read more about Oregon Department of Corrections: Criminal Alien Report for the Americas September 2016

The Oregon Department of Corrections (DOC) June 2016 Inmate Population Profile indicated there were 14,709 inmates incarcerated in the DOC's 14 prisons.

Data obtained from the DOC indicated that on June 1st there were 954 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, 6.48 percent of the total prison population.

Some background information, all 954 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 June 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
June 1, 2016 14,709 13,755 954 6.48%
Source: Research and Evaluation DOC Report ICE inmates list 01 June 16 and Inmate Population Profile 01 June 16.

Using DOC ICE detainer numbers, the following table reveals the number and percentage of criminal alien prisoners incarcerated on June 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 237 24.84%
Multnomah 209 21.91%
Washington 184 19.29%
Clackamas 69 7.23%
Lane 50 5.24%
Jackson 32 3.35%
Yamhill 22 2.31%
Linn 18 1.89%
Umatilla 18 1.89%
Klamath 14 1.47%
Polk 14 1.47%
Benton 12 1.26%
Malheur 12 1.26%
Lincoln 10 1.05%
Deschutes 8 0.84%
Coos 6 0.63%
Jefferson 6 0.63%
Josephine 6 0.63%
Clatsop 4 0.42%
Crook 3 0.31%
Douglas 3 0.31%
Tillamook 3 0.31%
Wasco 3 0.31%
Morrow 3 0.31%
Hood River 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 954 100.00%
Source: Research and Evaluation DOC Report ICE inmates list 01 June 16.

Here are the ways Oregon residents were victimized by the 954 criminal aliens.

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

OREGON DEPARTMENT OF CORRECTIONS
Crime DOC Total Inmates W/ ICE Detainers DOC % Inmates W/ICE Detainers
Sex Abuse 186 19.50%
Rape 173 18.13%
Homicide 136 14.25%
Drugs 102 10.69%
Sodomy 92 9.64%
Assault 77 8.07%
Robbery 55 5.76%
Kidnapping 32 3.35%
Theft 24 2.51%
Burglary 18 1.89%
Driving Offense 9 0.94%
Vehicle Theft 3 0.31%
Arson 0 0.00%
Forgery 0 0.00%
Escape 0 0.00%
Other / Combination 47 4.93%
Total 954 100.00%
Source: Research and Evaluation DOC Report ICE inmates list 01 June 16.

Using the DOC Inmate Population Profile and ICE detainer numbers from June 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 1,733 1,547 186 10.73%
Rape 971 798 173 17.82%
Homicide 1,665 1,529 136 8.17%
Drugs 934 832 102 10.92%
Sodomy 1,034 942 92 8.90%
Assault 1,922 1,845 77 4.01%
Robbery 1,574 1,519 55 3.49%
Kidnapping 294 262 32 10.88%
Burglary 1,382 1,358 24 1.74%
Theft 1,159 1,141 18 1.55%
Driving Offense 250 241 9 3.60%
Vehicle Theft 431 428 3 0.70%
Arson 78 78 0 0.00%
Forgery 37 37 0 0.00%
Escape 48 48 0 0.00%
Other / Combination 1,197 1,150 47 3.93%
Total 14,709 13,755 954
Source: Research and Evaluation DOC Report ICE inmates list 01 June 16 and Inmate Population Profile 01 June 16.

Using DOC ICE detainer numbers, the following table reveals the self-declared countries of origin of the 954 criminal alien prisoners by number and percentage incarcerated on June 1st in the state's prisons.

OREGON DEPARTMENT OF CORRECTIONS
Country DOC Total Inmates W/ ICE Detainers DOC % Inmates W/ICE Detainers
Mexico 763 79.98%
Guatemala 24 2.51%
Cuba 16 1.68%
El Salvador 14 1.47%
Russia 11 1.15%
Ukraine 11 1.15%
Vietnam 11 1.15%
Honduras 10 1.05%
Federated States of Micronesia 6 0.63%
Canada 5 0.52%
Laos 5 0.52%
Philippines 5 0.52%
Other Countries 73 7.65%
Total 954 100.00%
Source: Research and Evaluation DOC Report ICE inmates list 01 June 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 954 criminal alien prison population is approximately ($90,200.70) per day, ($631,404.90) per week, and ($32,923,255.50) per year.

Even taking into account fiscal year 2015 U.S. Bureau of Justice Assistance, U.S. Department of Justice, State Criminal Alien Assistance Program (SCAAP) award of $1,602,510.00, if the State of Oregon receives the same amount of SCAAP funding for fiscal year 2016, the cost to incarcerate 954 criminal aliens to the DOC will be at least ($31,320,745.50).

None of preceding cost estimates for the DOC to incarcerate the 954 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 June 1, 2016:
http://www.oregon.gov/doc/RESRCH/docs/inmate_profile_201606.pdf

Oregon Department of Corrections Population Profile (unpublished MS Excel workbook) titled Incarcerated Criminal Aliens Report dated June 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), 2015 SCAAP award: https://www.bja.gov/funding/FY-2015-SCAAP-Awards.pdf

David Olen Cross, Salem writes on immigration issues and foreign national crime. He is a weekly guest on the Lars Larson Northwest Show. He can be reached at docfnc@yahoo.com or at http://docfnc.wordpress.com/. Read more about Oregon Department of Corrections: Criminal Alien Report June 2016