ORS 181A.820

Oregon Department of Corrections: Foreign National Homicide Report August 2017

Information obtained from the Oregon Department of Corrections (DOC) indicated on August 1, 2017 that 138 of the 984 foreign nationals (criminal aliens) in the state’s prison system were incarcerated for homicidal crimes (various degrees of murder and manslaughter), 14.02 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 August 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

August 1, 2017

984

138

14.02%

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

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

40

28.99%

Marion

22

15.94%

Washington

21

15.22%

Umatilla

11

7.97%

Clackamas

7

5.07%

Jackson

6

4.35%

Lane

5

3.62%

Klamath

3

2.17%

Linn

3

2.17%

Yamhill

3

2.17%

Benton

2

1.45%

Josephine

2

1.45%

Lincoln

2

1.45%

Polk

2

1.45%

Clatsop

1

0.72%

Coos

1

0.72%

Douglas

1

0.72%

Gilliam

1

0.72%

Hood River

1

0.72%

Jefferson

1

0.72%

Malheur

1

0.72%

OOS (Not a County)

1

0.72%

Tillamook

1

0.72%

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

138

100.00%

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

Using DOC ICE immigration detainer numbers, the following table reveals the self-declared countries of origin of the 138 criminal alien inmates by number and percentage incarcerated on August 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

108

78.26%

 

Cuba

4

2.90%

 

Canada

3

2.17%

 

Vietnam

3

2.17%

 

Cambodia

2

1.45%

 

El Salvador

2

1.45%

 

Guatemala

2

1.45%

 

Laos

2

1.45%

 

South Korea

2

1.45%

 

China

1

0.72%

 

Costa Rica

1

0.72%

 

Japan

1

0.72%

 

Mariana Islands

1

0.72%

 

Marshall Islands

1

0.72%

 

Nicaragua

1

0.72%

 

Nigeria

1

0.72%

 

Peru

1

0.72%

 

South Africa

1

0.72%

 

Turkey

1

0.72%

 

Total

138

100.00%

 

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

Criminal aliens from 18 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/
 


 

It's not too soon! Take advantage of your Oregon Political Tax Credit

Alert date: 
2017-10-02
Alert body: 

This year, don't forget to take advantage of your Oregon Political Tax Credit!

You have a choice: Give your money to the State of Oregon to work against you OR give your money to OFIR PAC to work FOR you!

Learn more about how to give to the OFIR PAC.


 

ICE arrests 33 in Portland during operation targeting sanctuary cities

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

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

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

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

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

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

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

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

-Baltimore: 28

- Cook County, Illinois: 30

- Denver: 63

- Los Angeles: 101

- New York: 45

- Philadelphia: 107

- Portland: 33

- Santa Clara County, California: 27

- Washington, D.C.: 14

- Massachusetts: 50

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

Attny.Gen. Jeff Sessions visits Portland, calls for proper cooperation in enforcing immigration law

 
Attorney General Jeff Sessions came to Portland on Tuesday, September 19, to speak to state and local law enforcement about the importance of better cooperation between state and federal authorities in controlling immigration.
 
Here are excerpts from Sessions’ remarks
 
The fundamental duty of this government is to protect the safety and the rights of its citizens. President Trump is a law and order President. …
 
A key concern is that some jurisdictions have undertaken to undo our immigration laws through so-called “sanctuary policies.”
 
Such policies undermine the moral authority of law and undermine the safety of the jurisdictions that adopt them.
 
In Portland and all over Oregon, here’s how it works right now: once the police arrest an illegal alien and charge him with a crime, they fingerprint him and book him into their jail.
 
When federal immigration authorities learn that this criminal alien is in a jurisdiction’s custody, our ICE officers issue a detainer request accompanied by a civil arrest warrant and ask the city to either notify them before they release the criminal or to hold the criminal alien long enough to transfer him to federal custody in a safe setting.
 
But political leaders have directed state and local officers to refuse these requests. Cooperation has been a key element in informed crime fighting for decades.
 
The result is that police are forced to release the criminal alien back into the community without regard to the seriousness of his crimes or the length of his rap sheet. Think about that: Police may be forced to release pedophiles, rapists, murderers, drug dealers, and arsonists back into the communities where they had no right to be in the first place. They should according to law and common sense be processed and deported.
 
These policies hinder the work of federal law enforcement; they’re contrary to the rule of law, and they have serious consequences for the law-abiding residents of Oregon. …
 
These policies do far greater damage than many understand. At its root, they are a rejection of our immigration laws and a declaration of open borders.
 
These lawless policies do more than shield individual criminal illegal aliens – they also shelter lethal gangs like the Latin Kings and MS-13.
 
These predators thrive when crime is not met with consequences. This state of lawlessness allows gangs to smuggle guns, drugs, and even humans across borders and around cities and communities.
 
That makes a sanctuary city a trafficker, smuggler, or gang member’s best friend. …
 
They will say that forcing police officers to release criminal aliens back onto the streets will somehow increase community trust. But that does not make sense to me. Would releasing someone who had been arrested 10 times this year into your community give you more confidence in law enforcement?
 
Would learning that your local district attorney actually charges illegal aliens with less serious crimes to evade federal deportation make you believe they are trying to make your neighborhood safer? Would forcing federal officers to track down criminal aliens on your street instead of safely in the jails make you believe we value your community? …
 
The problem is the policies that tie your hands. Sanctuary policies endanger us all, and especially the federal immigration officers who are forced to pursue criminal aliens outside of jails and prisons.
 
Yet, rather than reconsider their policies, these sanctuary jurisdictions feign outrage when they lose federal funds as a direct result of actions designed to nullify plain federal law. Some, including Portland, have even decided to sue this administration so that they can keep receiving taxpayer-funded grants while continuing to impede federal immigration enforcement.
 
These grants are not an entitlement. We strive to help state and local law enforcement.
 
But we cannot continue giving such federal grants to cities that actively undermine the safety of federal law officers and actively frustrate efforts to reduce crime in their own cities.
 
Our duty is to protect public safety and protect taxpayer dollars and I plan to fulfill that duty. …
 
The American people rightly want a lawful immigration system that keeps us safe and serves the national interest. … 
---------------------------------------
The Oregonian has a detailed report on Sessions’ visit to Portland.
 

Fight Over Oregon's 'Sanctuary Law' Brings Immigration Policy Battle To The NW

At a booth at the recent state fair in Salem, people waited in line at a booth for Oregonians for Immigration Reform to sign the group’s proposed ballot measure to repeal Oregon’s so-called “sanctuary law.”

Cynthia Kendoll, the group’s president, said this new measure is attracting more intense interest than its previous attempts to discourage illegal immigration.

“This is something that people are truly really concerned about,” said Kendoll, “and I have just been amazed here at the state fair that people walk up and say, ‘Just let me sign this. I am so sick of this.’”

Oregon may not seem like it is on the front lines of the battle over immigration policy. But the state appears headed toward a bitter election fight on the issue that could reverberate nationally. 

During his presidential campaign last year, Donald Trump put a harsh spotlight on jurisdictions that didn’t fully cooperate with federal immigration officials. In recent weeks, he’s wavered on some immigration issues — such as moving to cut a deal with Democrats on protecting immigrants who were brought into the country illegally as children. But his administration continues to attack so-called sanctuary laws.

Andrea Williams, one of the chief opponents of the measure, said the looming ballot fight sets up a choice for voters between going with the Trump administration or sticking with law she says reflects “Oregon values” and has long worked well.

“To me, the issue is very simple,” added Williams, executive director of Causa, a Salem-based immigrant rights group.  “Do we want to spend Oregon resources to do the federal government’s job?”

Oregon 30 years ago adopted a law limiting local and state police involvement with federal enforcement. It was the first statewide law of its kind, but it attracted little attention or controversy. Supporters said the law was needed because some local police officers were detaining Latinos simply based on their appearance.

The term sanctuary came into vogue much later as many cities began resisting large-scale deportations. Critics charged that sanctuary cities were shielding criminals and Trump highlighted the issue in his campaign. 

“We will end the sanctuary cities that have resulted in so many needless deaths,” Trump vowed. At the Republican convention last year, the relatives of people who had been killed by immigrants illegally in the country were prominently featured on stage.

Just a few weeks later, Oregonians for Immigration Reform began laying the groundwork for an initiative to abolish the state law.

Trump’s focus “gave us the backup that this is truly something that people are concerned about,” said Kendoll.

Opponents are gearing up to fight the measure and their feelings are also intense.

“Their ultimate goal is to get rid of immigrants because they want white nationalism in this state,” said state Rep. Diego Hernandez, D-Portland.  He argued that Oregon’s sanctuary law helps encourage cooperation with local police.

Causa is helping assemble a broad coalition to oppose the measure. Williams, the group’s executive director, has signed up a sort of who’s who of the major political backers of the Democratic political leadership of the state: the public employee unions, environmental groups as well as gay and abortion rights advocates.

She says her group got a wake-up call three years ago when Oregon voters rejected a new law providing driver’s licenses for people in the country illegally.

The idea was to give people a form of identification that would allow them to drive legally to work and get auto insurance. But Oregonians for Immigration Reform, charging that it only enabled illegal immigration, put the issue on the ballot and won in a landslide.

“We do have to get better at talking to Oregonians about the circumstances — why people here are undocumented and why they have limited solutions to adjust their status,” Williams said. If the sanctuary issue gets on the ballot, she said, her coalition will have to do a lot more to reach out to Oregonians to talk about the lives of immigrants and the economic benefits she said they bring to the state.

Surveys taken in Oregon and in the country as a whole generally show strong support for immigration reform that would provide some sort of path to legal status for people in the country without citizenship. But the sanctuary issue is different.

That became clear in staunchly Democratic California this year. After Trump was elected, the state Senate’s leader, Los Angeles Democrat Kevin de Léon, introduced a statewide sanctuary bill. But instead of winning swift passage and serving as a rebuke to Trump, it languished for months.

It faced strong opposition from many California law enforcement officials and one independent poll in March showed voters strongly divided on the issue. A watered-down version didn’t pass until the final hours of the legislative session on Saturday, Sept. 16, 2017.

It’s still a long time until Oregon’s anti-sanctuary initiative could go before voters in November 2018. But there’s been plenty of early maneuvering around the issue.

Kendoll’s group was the first to take advantage of a new petitioning rule from Secretary of State Dennis Richardson that allows them to collect signatures while waiting for the ballot title to be finalized. Several groups are challenging Richardson’s rule. If they’re successful, it could put a major crimp in the petition drive.

Perhaps more crucially, critics of the measure are accusing Oregonians for Immigration Reform of having ties to white nationalism. They say the group has accepted aid from groups and individuals concerned about the changing racial composition of the country.

Kendoll denied that her group is motivated by racial animus.

We’re going after people who are here illegally,” she said. “Their race, their ethnicity, their religion — anything — has nothing to do with it. It’s, ‘are you in our country legally?’”

That leads Kendoll to some hard-line views. She said the estimated 11 million people who entered the country illegally should leave, and she supports ending the program allowing those brought here as children to gain legal status. In addition, she backs legislation that would cut legal immigration by half over the next decade.

“When you allow such a large number of people to immigrate legally,” she said, “assimilation is more difficult because they tend to clump together and not assimilate.”

The sanctuary issue provides a hot-button path toward that goal.

At the Oregonians for Immigration Reform booth, volunteers displayed the mugshot of Sergio Martinez and called him their “poster boy.”

He’s the man accused of sexually assaulting a 65-year-old woman after being released from the Multnomah County Jail despite being frequently deported. Focusing on this one extreme example infuriates opponents.

“They play off peoples’ fears. That’s how they win,” said Causa’s Williams. She said this line of attack unfairly stereotypes people who enter the country illegally, especially since research shows they are actually less likely to commit crimes. 

If Oregon’s 30-year-old sanctuary law is repealed, the result would likely be a patchwork of local policies. Counties and cities would be able to decide on their own how or if they wanted to limit their involvement with federal immigration enforcement.

The initiative needs 88,184 signatures by next July to qualify for the ballot. Kendoll isn’t saying how many signatures they’ve collected so far.

Woodburn police chief aims to build trust after news of DACA repeal

The recent decision by the federal government to end Deferred Action for Childhood Arrivals causes me to once again reflect on the relationship between our immigrant communities and local law enforcement.

As I am out and about in the greater Woodburn community, I hear of continued confusion, fear and mistrust of government among immigrant communities.

Critical to our mission as local police officers is the notion that people in our community, particularly our immigrant communities, trust us and not fear us. Trust cultivates an environment of cooperation with victims and witnesses of crime, cooperation that we desperately need to keep our community safe.

The ongoing controversies surrounding immigration issues in our country unfortunately plays counter to that mission, resulting in emotions encouraging fear — not trust — and stifling any such cooperation.

Oregon law, which we follow and enforce, guides us in our daily work of keeping our community safe. ORS 181A.820 helps reinforce the goal of mutual trust and respect between local law enforcement and immigrant communities.

This Oregon law specifically prohibits local law enforcement from engaging solely in administrative immigration matters.

The statute does, however, allow for local law enforcement involvement in immigration matters when circumstances of a crime are present, including a person subject to arrest pursuant to a warrant issued by a federal magistrate.

The decisions surrounding immigration policy and its future are mired in politics well beyond the reach of local law enforcement. What is within the reach of both local law enforcement and our immigrant communities are opportunities to continue fostering mutual trust and respect.

Now is the time for us to come together and work hard to overcome any fear and mistrust of local law enforcement.

We can do this together through building and maintaining positive relationships, being transparent, practicing the tenets of police legitimacy and procedural justice, and working in partnership to keep our community a safe place to live, work and visit.

Jim Ferraris is the chief of the Woodburn Police Department. To read the Oregon statues mentioned in this letter, go to www.oregonlaws.org
 

Oregon Expands Dangerous Sanctuary Law

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

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

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


 

Walden votes against blocking funds to sanctuary cities

U.S. Rep. Greg Walden, R-Ore., joined a small group of congressional Republicans who voted last week against blocking some federal funds from states and cities that don't cooperate with immigration enforcement agents.

Oregon is a so-called sanctuary state by law, and governments of several Oregon cities, including Portland's, have symbolically designated themselves as sanctuary cities. In practice, Oregon's immigration enforcement statute bars state and local law enforcement from cooperating with immigration agents if a detainee's only apparent offense is being in the country illegally.

Walden has generally voted in favor of conservative immigration policies. The congressman "leans toward less immigration, less population growth, less foreign labor," according to his voting scorecard at NumbersUSA, a group that lobbies for less immigration.

He voted to build a fence along the U.S.-Mexico border in 2006. He's co-sponsored legislation several times that would deny automatic citizenship to U.S.-born children of illegal immigrants.

Following the Trump administration's decision last week to end DACA, which grants deportation reprieves to children of illegal immigrants, Walden expressed sympathy for young adults who may face deportation. He said Congress should find a "permanent solution" to fix the nation's immigration system.

Walden was one of eight Republicans to vote against the funds-blocking amendment Wednesday, which was sponsored by U.S. Rep. Jason Smith, R-Mo. It passed, 225-195.

In a speech from the House floor, Smith described his amendment as "very straightforward" and ensures that funds "only go to cities and states that uphold federal law."

All of Oregon's congressional Democrats -- Earl Blumenauer, Suzanne Bonamici, Peter DeFazio and Kurt Schrader -- voted against the amendment. Washington Republicans Jaime Herrera Beutler, Kathy McMorris Rodgers and Dan Newhouse voted for the amendment but Dave Reichert joined that state's Democrats in voting against it.

The bill containing the amendment funds the U.S. Department of the Interior, Environmental Protection Agency, the Forest Service, the Indian Health Service and other agencies. The full bill has yet to pass the House.

Portland sex attack suspect's 12 deportations inflame immigration debate

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

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

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

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

Sergio Martinez's deportations, federal prosecutions

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

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

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

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

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

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

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

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

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

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

How others in Oregon handle ICE requests for inmate information

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

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

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

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

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

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

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

COMMUNICATION WITH ICE EVAPORATED OVER TIME

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

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

Sergio Martinez's arrests in Oregon, 2016-2017

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

Reese changed the rules shortly after Trump took office.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

FINGERPRINT SNAFU FURTHER HAMPERS ICE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

FEDS WANT 'SHARED RESPONSIBILITY'

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

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

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

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

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

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

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

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

So far, Multnomah County isn't budging.

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

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

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

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

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

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

Ritter answers Rep. Barnhart’s smear attack on OFIR and IP 22

OFIR member Jerry Ritter has written a great exposé of the vicious attack on our organization and our efforts to advance Initiative Petition #22.  We clearly have the deep-state opposition to immigration controls worried. 

Friends, let’s keep on collecting signatures!  As with Measure 88 - the driver card bill, we know we can do this.  Request some 10 line signature sheets, ask your friends and neighbors to sign the petition, when mail them in!  It's as simple as that!

We need your help!  To Request signature sheets call 503.435.0141 or go to the campaign website and click on the link to request signature sheets.

Mail filled sheets to:

Stop Oregon Sanctuaries

PO Box 7354

Salem, OR 97303

 

 

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