drunk driving

Oregon man's story propels sanctuary movement among Lutheran churches

The knock came at 7:30 a.m., just as Francisco Aguirre was about to take a shower.

His 18-year-old son was the one who opened the door and saw the uniformed immigration officers standing on the front porch...

On some level, Aguirre had known this could happen, given his recent arrest for drunk driving. He pulled out his cell phone and made a call.

Soon, about 15 church volunteers appeared on his front lawn, got Aguirre into a car and rushed him to Augustana Lutheran Church in Northeast Portland...

He was an undocumented immigrant from El Salvador. He had crossed the American border in 1995 and became an advocate for immigrant rights. Now, he was at Augustana seeking sanctuary from U.S. Immigrations and Customs Enforcement – the first person in Oregon to do so in recent history....

Two years later, Aguirre's first, fitful night of sleep in Augustana catalyzed the burgeoning sanctuary movement among Oregon's Lutheran churches. And it may soon have ripple effects across the country.

The sanctuary movement is nothing new. In the 1980s, houses of worship opened their doors and offered Central American refugees shelter in a time when their native countries were falling apart...

At the time, he was one of six people nationwide seeking security in a holy place. Next week, Oregon's Lutheran churches will spur a vote on the practice...

Augustana has called itself a sanctuary congregation since 1996, when the current pastor assumed his position, though Aguirre was the first and last to make use of this designation.

Immigration and Customs Enforcement likely won't touch undocumented immigrants if they're in a house of worship...

But the concept of sanctuary has critics, some of whom say it allows churches to help potentially dangerous immigrants break the law and remain in the country illegally.

In May, the U.S. Department of Justice dropped its charge of illegal re-entry against Aguirre. Sixteen years prior, he had been found guilty of selling drugs and sent back to El Salvador, but he said he stayed there for just six hours before setting out again toward Oregon.

The drug charge? Officials said he was selling heroin. Aguirre said he let two men who didn't have a place to stay into his home, and the drugs belonged to them.

As for immediately leaving El Salvador, the murder capital of the world? Well, he said, staying there was a death sentence.

Over the next decade, Aguirre worked as an organizer with a nonprofit helping day laborers find work. But a drunk driving charge in 2014 put him back on ICE's radar and drove him to Augustana that September...

But about two months ago, the United States again ordered Aguirre's deportation, said lawyer Steven Manning. The federal immigration agency still considers him an "enforcement priority due to his aggravated felony drug trafficking conviction, prior removal and subsequent illegal reentry," said spokeswoman Rose Richeson.

Manning filed a lawsuit against the removal order, and Aguirre is seeking an asylum screening to determine if he can stay in the U.S.

"He can stay until both of those are resolved," Manning said, adding, "he has a great case on both ends."

If all works out in his favor, Aguirre hopes to go into a seminary. If it doesn't, he said, he'll go back to Augustana.

"I'd like to finally become a pastor and find a way to better help the immigrant community," said Aguirre, 36. "That's my passion."

And though Aguirre no longer lives in small basement room below Augustana's sanctuary, the church has continued to fight for him — and the larger movement that Aguirre symbolizes in Oregon.

"We took on Goliath, we took on ICE," said Augustana's Rev. Mark Knutson. "We're a little church on the corner, and we're on the verge of something really incredible."

'Whereas, Mary, Joseph and Jesus were refugees'

Knutson stood before about 300 representatives of various Lutheran churches from all over Oregon during their annual assembly in May. He recounted Aguirre's story and the positive impact the man had on his congregation.

And then he called on Oregon Lutherans to declare themselves the first "Sanctuary Synod" in the nation.

The resolution, which passed overwhelmingly, encourages the state's 115 Lutheran congregations and ministries to become sanctuaries and prepare to "protect refugees and undocumented sisters and brothers from arrest and deportation by Immigration and Customs Enforcement officers."

It wouldn't have happened without Aguirre, said Oregon Bishop Dave Brauer-Rieke.

"Francisco gave Augustana the opportunity to live out their faith, and then Augustana gave that opportunity to Oregon's Lutheran churches at a whole," he said. "Whenever you put the face of a real person on an issue, it impacts us. That's very clearly the case here."...

Church leaders and community activists met almost nightly to strategize about Aguirre's situation, and they decided they'd use the long-standing church bell as a warning signal in case something went wrong. If he rang it, neighborhood volunteers would come running.

"The congregation was totally on board," Knutson said. "People here understand that you're part of the congregation, and you can't be afraid to step out in faith."

Augustana is looking to get a new clapper for its 600-pound bell. Knutson said he plans to have it made out of melted-down guns.

'The political winds'

Next week, the Oregon Synod will take their resolution from May and go before the national assembly of Lutherans in New Orleans. They'll ask the church to become the first "Sanctuary Denomination" in the U.S.

Brauer-Rieke has little hope it'll pass.

"We haven't really educated about the issue," he said. "While Lutherans nationwide are pretty pro-immigrant, there are churches from Texas and the southern states which have some pretty strong feelings about immigration."

And there are still some concerns among church leaders that participating in sanctuary puts them at risk.

"Some people were offended," Brauer-Rieke said. "They say you're asking us to do something illegal. I responded by saying that there's nothing illegal about this and we're not forcing anyone to do anything."

The bishop isn't discouraged. He just hopes to put the idea out there so more action is possible later on. After all, he said, the issue is one that's part of the denomination's DNA: Following World War II, one in six Lutherans worldwide were refugees or displaced persons.

"There are many Lutherans for whom these immigrant stories are no more than a grandma and grandpa away," Brauer-Rieke said.

The movement is not without critics. It came under fire last year after a 45-year-old man from Mexico, who was deported five times, was arrested for killing a woman in San Francisco, where he was protected under sanctuary.

"It creates problems when organizations like churches take it upon themselves to prevent ICE from doing their job, especially when it's a job that protects the public at large," said Jessica Vaughan, policy studies director at the Washington, D.C-based think tank Center for Immigration Studies, which advocates limiting immigration.

But people like Knutson promise to continue offering protection in the church. He's seen what happens when legal hurdles force immigrants to return to dangerous countries....

Unless there's comprehensive immigration reform, Knutson said, the movement will keep growing.

"Listen to the political winds," Knutson said. "Unless we change our laws, there will be a thousand people seeking sanctuary in the upcoming years."

Illegal aliens who murder the residents of Oregon

The shooting deaths of three Oregon residents, a woman and two men on Monday, June 27, 2016 in Oregon’s Marion County draws attention to the number of criminal aliens now incarcerated in the Oregon Department of Corrections (DOC) prison system for crime of homicide.

Late last month, on Wednesday, June 29, 2016 Bonifacio Oseguera-Gonzalez, age 29, a resident of Woodburn, Oregon, made his first appearance in a Marion County Circuit Court where he was charged with three counts of aggravated murder in a shooting deaths of Katie Gildersleeve, age 30, a resident of Lincoln County, Ruben Rigoberto-Reyes, age 60, and Edmundo Amaro-Bajonero, age 26, and one count of attempted murder in the wounding of Refugio Modesto-DeLaCruz, age 27; all the men were residents of Marion County.

According to Immigration and Customs Enforcement spokesperson Virginia Kice alleged triple murderer Mexican national Bonifacio Oseguera-Gonzalez has been deported six times between the years of 2003 and 2013.

Bonifacio Oseguera-Gonzalez has been incarcerated at the Marion County Correctional Facility (MCCF) in Salem, Oregon since the time of his arrest on June 27th.

The number of criminal alien inmates with U.S. Immigration and Customs Enforcement (ICE) requested immigration detainers incarcerated in the DOC prison system for the crime of homicide is displayed in the tables below.

The DOC on June 1, 2016 had 954 criminal aliens incarcerated in for various crimes, 136 aliens (14.25 percent) were incarcerated for the crime of homicide.

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

OREGON DEPARTMENT OF CORRECTIONS

County

DOC Total Inmates W/ ICE Detainers incarcerated for Homicide

DOC % Inmates W/ICE Detainers incarcerated for Homicide

Multnomah

37

27.21%

Washington

22

16.18%

Marion

21

15.44%

Umatilla

10

7.35%

Clackamas

8

5.88%

Jackson

6

4.41%

Lane

6

4.41%

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%

Jefferson

1

0.74%

Malheur

1

0.74%

OOS (Not a county)

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%

Hood River

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 June 16.

A total of 21 Oregon counties had at least one criminal alien incarcerated in the DOC prison system for the crime of homicide.

Using DOC ICE detainer numbers, the following table reveals the self-declared countries of origin of the 136 criminal alien prisoners by number and percentage incarcerated on June 1st  in the state’s prisons for the crime of homicide.
 

OREGON DEPARTMENT OF CORRECTIONS

Country

DOC Total Inmates W/ ICE Detainers incarcerated for Homicide

DOC % Inmates W/ICE Detainers incarcerated for Homicide

Mexico

108

79.41%

Canada

3

2.21%

Cuba

3

2.21%

Vietnam

3

2.21%

Cambodia

2

1.47%

Guatemala

2

1.47%

Laos

2

1.47%

Marshall Islands

2

1.47%

South Korea

2

1.47%

China

1

0.74%

Costa Rica

1

0.74%

El Salvador

1

0.74%

Japan

1

0.74%

Nicaragua

1

0.74%

Nigeria

1

0.74%

Peru

1

0.74%

Philippines

1

0.74%

Turkey

1

0.74%

Total

136

100.00%

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

A total of 18 countries had at least one criminal alien incarcerated in the DOC prison system for the crime of homicide.

http://docfnc.wordpress.com/.

 

Oregon Department of Corrections: Criminal alien report April 2016

By the numbers, David Olen Cross wades through the numbers to bring us an accurate look at the real impact of illegal immigration. 

The Oregon Department of Corrections (DOC) April 2016 Inmate Population Profile indicated there were 14,676 inmates incarcerated in the DOC's 14 prisons.

Data obtained from the DOC indicated that on April 1st there were 948 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, 6.46 percent of the total prison population.

Some background information, all 948 criminal aliens currently incarcerated in the DOC prison system were identified by U.S. Immigration and Customs Enforcement (ICE),... 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, 2016 14,676 13,728 948 6.46%
Source: Research and Evaluation DOC Report ICE inmates list 01 April 16 and Inmate Population Profile 01 April 16.

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 236 24.89%
Multnomah 202 21.31%
Washington 183 19.30%
Clackamas 70 7.38%
Lane 50 5.27%
Jackson 35 3.69%
Yamhill 23 2.43%
Linn 18 1.90%
Umatilla 18 1.90%
Polk 15 1.58%
Klamath 14 1.48%
Benton 12 1.26%
Malheur 12 1.26%
Lincoln 10 1.05%
Deschutes 7 0.74%
Coos 6 0.63%
Jefferson 6 0.63%
Josephine 6 0.63%
Douglas 4 0.42%
Clatsop 3 0.32%
Tillamook 3 0.32%
Wasco 3 0.32%
Crook 2 0.32%
Hood River 2 0.21%
Morrow 2 0.21%
Union 2 0.21%
Columbia 1 0.10%
Gilliam 1 0.10%
Lake 1 0.10%
OOS 1 0.10%
Baker 0 0.00%
Curry 0 0.00%
Grant 0 0.00%
Harney 0 0.00%
Sherman 0 0.00%
Wallowa 0 0.00%
Wheeler 0 0.00%
Total 948 100.00%

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

Here are the ways Oregon residents were victimized by the 948 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 184 19.41%
Rape 167 17.62%
Homicide 137 14.45%
Drugs 104 10.97%
Sodomy 93 9.81%
Assault 77 8.12%
Robbery 54 5.70%
Kidnapping 33 3.48%
Theft 23 2.43%
Burglary 18 1.90%
Driving Offense 9 0.95%
Vehicle Theft 3 0.32%
Arson 0 0.00%
Forgery 0 0.00%
Escape 0 0.00%
Other / Combination 46 4.85%
Total 948 100.00%
Source: Research and Evaluation DOC Report ICE inmates list 01 April 16.

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 % Inmates W/ICE Detainers
Sex Abuse 1,707 1,523 184 10.78%
Rape 966 799 167 17.29%
Homicide 1,650 1,513 137 8.30%
Drugs 923 819 104 11.27%
Sodomy 1,056 963 93 8.81%
Assault 1,893 1,816 77 4.07%
Robbery 1,581 1,527 54 3.41%
Kidnapping 293 260 33 11.26%
Burglary 1,419 1,396 23 1.62%
Theft 1,163 1,145 18 1.55%
Driving Offense 241 232 9 3.73%
Vehicle Theft 413 410 3 0.73%
Arson 78 78 0 0.00%
Forgery 33 33 0 0.00%
Escape 52 52 0 0.00%
Other / Combination 1,208 1,162 46 3.81%
Total 14,676 13,728 948 100.00%
Source: Research and Evaluation DOC Report ICE inmates list 01 April 16 and Inmate Population Profile 01 April 16.

Using DOC ICE detainer numbers, the following table reveals the self-declared counties of origin of the 948 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 761 80.27%
Guatemala 24 2.53%
El Salvador 14 1.48%
Cuba 13 1.37%
Ukraine 11 1.16%
Vietnam 11 1.16%
Russia 10 1.05%
Honduras 9 0.95%
Federated States of Micronesia 6 0.63%
Philippines 6 0.63%
Other Countries 83 8.75%
Total 948 100.00%
Source: Research and Evaluation DOC Report ICE inmates list 01 April 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 948 criminal alien prison population is approximately ($89,633.40) per day, ($627,433.80) per week, and ($32,716,191.00) per year...

None of preceding cost estimates for the DOC to incarcerate the 948 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, 2016:
http://www.oregon.gov/doc/RESRCH/docs/inmate_profile_201604.pdf

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

Murdered by Illegal Aliens 2015: Families Gather in Remembrance

YORBA LINDA, CALIFORNIA — “I’ve been called a traitor” for speaking out against illegal immigration, grieved mother and latina woman Angie Morfin, as she enlightened those gathered at one of many events across the country for the National Remembrance Day for those killed by illegal aliens.

Sabine Durden can be seen in the photo above clutching a small jar containing the ashes of her son Dominic. A twice convicted drunk driver and foreign national illegally present in the United States struck and killed the young 9-1-1 operator on July 12, 2012.

Breitbart News was on scene at the Yorba Linda, California gathering commemorating the National Remembrance Day. Other events occurred in cities across the country including Phoenix, Arizona, Houston, Texas and in New York State.

IMG_2178

Morfin, mother of murdered 13-year-old Ruben Morfin told the crowd, “I’m serving a life sentence.” She shared how her son was shot in the back of the head by an illegal alien. Doctor’s at the hospital told her half of her little boy’s brain was missing. Young Ruben was in the hospital a short time before passing away. Morfin recalled how her son’s murderer fled the country, but after being featured on America’s Most Wanted, was caught in Jalisco, Mexico in 1994 and was finally sentenced.

“I’ve been called a traitor,” Morfin told the crowd gathered. She continued, “I think the best thing that’s happened to us was Donald Trump.”

Brenda Sparks shared the story of her son Eric Zepeda who was killed by an illegal alien. She explained that the individual who hit and killed Zepeda had previously pled guilty to drunk driving three times, but remained in the country and was driving to deliver papers when he hit her son. Zepeda was in a coma for four long weeks before he was taken off of life support. Sparks expressed the shock being told that the offender who was illegally in the country, illegally driving and illegally working delivering papers could only be charged with misdemeanor vehicular homicide without negligence.

Sabine Durden recalled her experience legally immigrating to the United States from Germany to those gathered Sunday. She gladly went through the process and was proud to become a citizen. Years later her only son Dominic, also a legal immigrant, was killed by an illegal alien at just 30 years old. She lovingly told the crowd Dominic’s nickname, “German chocolate.” As a half black young man there was no outcry from activists like those that now herald, “black lives matter.” No big headlines appeared for Durden’s son in the mainstream media.

A statement was read from Kathy Woods, mother of murdered teen Steven Woods. Young Steve was murdered at the beach after a high school football game in San Clemente, California. The statement recalled three cars of gang members, one of which shattered the passenger window of the car the young man was in and plunged a sharpened paint roller into his temple. The statement from Kathy Woods noted that for over three weeks her son lived in the hospital before he died. The media neglected to report that the gang members who attacked him were illegal aliens.

IMG_2199

Many of those families who have lost loved ones to illegal alien crime expressed great thanks for 2016 Presidential candidate Donald Trump for helping spark national conversation over their plight following the death of Kate Steinle in San Francisco last July.

Breitbart News reported from the 2014 National Day of Remembrance event in Temecula California where Moreno, Sparks and Durden spoke alongside the family of murdered young man Jamiel Shaw and Don Rosenberg, father of Drew Rosenberg, killed by an illegal alien.

Mary Ann Mendoza recounted the story of her murdered son Sgt. Brandon Mendoza on the Sunday evening edition of Breitbart News radio with guest host Dan Fluette on SiriusXM 125. Mendoza explained that she lost her son when a three times drunk driver illegal alien, who was on meth, slammed head on into Sgt. Mendoza. She told the listening audience that many elected officials are not listening to the families that have lost family members to illegal alien crime, but that

Rep. Steve King (R-IA) 79% and Rep. Louie Gohmert (R-TX) 96% are among the few who have listened and taken action.

Again and again families relayed — if the killer(s) of their loved ones had been deported, as many of them passed through the hands of the justice system, these Americans would be alive today.

Police chiefs, sheriffs blast ICE over policy they say frees violent illegal immigrants

A California toddler fighting for her life Thursday after a brutal beating at the hands of an illegal immigrant with a long criminal record is the latest case to rile California sheriffs and police against a U.S. immigration policy they say is forcing them to release dangerous criminals out on the street.

Francisco Javier Chavez, the live-in boyfriend of the unidentified two-year-old's mother, is out on bail after being charged in the late July attack, which left the San Luis Obispo County girl with two broken arms, a broken femur, a compressed spine, a urinary tract infection and a fever of 107 degrees. Chavez's criminal record includes assault and drug convictions and arrests for violent acts including kidnapping, car jacking and cruelty to a child.

A disgusted San Luis Obispo Sheriff Ian Parkinson told FoxNews.com Chavez should have been locked away or deported long before he had the chance to inflict "horrific injuries" on the little girl, but said conflicting federal policies leave his department handcuffed. Instead, Chavez is now free, awaiting a court date for which he may not even show up.

"The law actually does not give us the right to place an ICE hold, unless there is a warrant for them. That is why we are united in California and asking that this be fixed and changed, because at end of the day, we are the ones who have to let them out the door.”

- San Luis Obispo Sheriff Ian Parkinson

“The truth is, if we had any legal right to hold him, we would, because of the concern that, not being a U.S. citizen, he will bail out and flee the country and flee prosecution,” said Parkinson, who suspects Chavez may have already fled the county.

The issue, says Parkinson and dozens of other sheriffs and police chiefs across California and Arizona, is that, while Immigration and Customs Enforcement routinely asks departments to hold prisoners like Chavez until they can take custody of them for deportation, the local law enforcement officials believe doing so will expose them to lawsuits. They cite court cases including the March, 2014, U.S. Court of Appeals for the Third Circuit ruling in Galrza v. Szalczyk that held states and localities are not required to imprison people based on ICE "detainer" requests, and that states and localities may be held liable if they participate in wrongful immigration detentions.

“I am not aware of any County in California that is honoring detainers, simply because we can’t,” Parkinson said. “We have to follow the law or the threat of violating the law ourselves,” Parkinson said, citing a Court decision issued approximately one year ago. “The law actually does not give us the right to place an ICE hold, unless there is a warrant for them. That is why we (local law enforcement) are united in California and asking that this be fixed and changed, because at end of the day, we are the ones who have to let them out the door.”

The Arizona Sheriffs’ Association agrees, noting every day ICE asks local sheriffs to ‘detain’ an inmate, yet don’t provide “rational, legal authority to do so,” putting sheriffs at enormous risk for legal liability. When the local authorities let an illegal immigrant criminal free on bail, they do so reluctantly - and they blame ICE.

ICE maintains there is no requirement that it obtain a judicial warrant to compel law enforcement agencies to hold suspects and that a detainer is sufficient. A spokesperson for ICE said the agency continues to work “cooperatively” with local law enforcement partners and is implementing a new plan, the Priority Enforcement Program – PEP, to place the focus on criminals and individuals who threaten the public safety and ensure they are not released from prisons or jails before they can be taken into ICE custody.

Martin Mayer, legal counsel to sheriffs and chiefs of police in 70 law enforcement agencies throughout California for the last 25 years, and general counsel to the California State Sheriffs’ Association, told FoxNews.com the U.S. Department of Justice, the California Office of the Attorney General, and ICE all take the position that the detainer is only a request and the law does not give sheriffs authorization to hold illegal immigrant suspects ordered released by a judge. 

If ICE agents are present when suspects are ordered released, and if they have the legal basis to take custody of them, they can, but local law enforcement does not have the authority to hold them in the absence of ICE, the California Sheriffs Association recently said in letter to Congress.

The American Civil Liberties Union's California chapter has been vocal in pressuring city police chiefs to honor the court rulings that said ICE detainers are mere requests, not mandates, and that honoring them would violate suspects' Constitutional rights.

“This (ACLU) letter to the cities states that ‘Your police department should immediately cease complying with immigration detainers, or else risk legal liability for detaining individuals in violation of the Fourth Amendment,’” Mayer said.

The ACLU did not respond to Fox News’ request for comment.

A string of murders across the country by criminal aliens has spotlighted the conflict between ICE and local law enforcement, and in recent days, caught the attention of lawmakers on Capitol Hill. After one of the cases, the July 24 murder of Marilyn Pharis, a 64-year-old Air Force veteran, Santa Maria Police Chief Ralph Martin blamed the state and federal governments for a convoluted policy that leaves local law enforcement holding the bag.

“I am not remiss to say that from Washington D.C. to Sacramento, there is a blood trail to Marilyn Pharis’ bedroom,” Martin said.
 

DHS IG: Nearly 5,000 Aliens in Supervised Release Program Committed Crimes, Absconded

WASHINGTON — An estimated 5,000 aliens were either arrested for committing crimes or absconded over a three year period while they were participating in a supervision program that allowed them to be released from detention and into U.S. communities, the latest publicly available data shows.

In an audit released earlier this month, John Roth, the inspector general (IG) for the Department of Homeland Security (DHS), revealed that a total of 2,010 aliens were arrested for committing crimes while they were participating in a supervised release program in 2010 (576), 2011 (729), and 2012 (705).

Furthermore, the DHS watchdog found that a total of 2,760 aliens absconded while they were enrolled in the same scheme over the same period — 2010 (927),  2011 (982), and 2012 (851)...

“Under the program, ICE supervises aliens it has released from detention, and monitors them electronically,” explained the DHS auditor in a report on ICE’s alternatives to detention. “As a condition of release, ICE requires aliens to appear in immigration court for removal proceedings and comply with removal orders from the United States.”...

Roth concluded that it is uncertain whether the program has reduced the rate at which released aliens have absconded or committed criminal acts.

ICE releases aliens “by means of bond; order of recognizance (unsupervised); order of supervision (which can consist of nothing more than a periodic telephone call to a designated ICE telephone number); an alternative to detention (such as an electronic ankle bracelet, or other form of tracking device); or parole (a form of legal status),” explained the Center for Immigration Studies (CIS).

The inspector general revealed that 1,341 ISAP program participants violated the conditions of their supervised release, but added that ICE “does not have sufficient resources to re-detain participants who willfully violate [the program’s] terms of supervision, such as those who tamper with GPS monitors or miss appointments.”

ICE enrolls aliens in the program who are “at high risk of committing criminal acts, absconding, or violating the terms of their release” by committing crimes or failing to report, reported the IG....

Mr. Roth revealed that ICE lacks funding “for the number of beds needed to accommodate program violators.”

However, in responding to the report, ICE said it has sufficient detention capacity to accommodate non-compliant participants.

As of February 2014, there were 22,201 program participants.

Congress appropriated approximately $90 million for the program for fiscal year 2014.

According to the audit, ICE does not evaluate the rate at which aliens abscond after they are recommended for release.

In 2013, the CIS found, “ICE freed 36,007 convicted criminal aliens from detention who were awaiting the outcome of deportation proceedings.”

Among those aliens were criminals convicted of serious crimes, including homicide, sexual assault, kidnapping, and aggravated assault.

Also included were 16,000 aliens convicted of drunk and drugged driving.

Citing a DHS document, Chuck Grassley (R-IA), the chairman of the Senate Judiciary Committee, revealed that 1,000 of the 36,000-plus criminal aliens released in 2013 went on to commit new crimes, including drunk-driving, rape, robbery, and aggravated assault.
 

You won't want to miss it - Saturday, February 28th - the next OFIR meeting

Alert date: 
February 21, 2015
Alert body: 

Mark your calendar for our upcoming OFIR meeting - Saturday, February 28th at 2:00pm at the Best Western Mill Creek Inn in Salem. (Driving instructions below.)

Once again, we have a very special guest speaker, Mr. Don Rosenberg, from San Francisco. Mr. Rosenberg is one of Protect Oregon Driver Licenses’ proud endorsers. Read his endorsement statement at http://www.protectoregondl.org/endorsers/don-rosenberg-endorser

He will be sharing with us his personal story and how he put his grief, confusion and anger to work. He has been a tireless champion for getting unlicensed drivers off the road and embodies just exactly what a grassroots activist is.

We also will be discussing what is happening in the current legislative session in Salem and how you can make a difference. To that end OFIR along with several other groups will be hosting a display on the main floor of the Capitol building all day Wednesday, March 11. It will be a great opportunity for citizens to meet with their state senator and representative. If you would like someone to go with you to visit your Legislator or to give you a tour of the Capitol, or just walk you through the building - just ask when you arrive.
Please join us and be inspired to jump in and get involved in saving our communities, our state and our country.

WHEN: Saturday, February 28th at 2:00 pm. Please bring a friend along!

WHERE: Best Western Inn in Salem, 3125 Ryan Dr SE, just west of I-5 Exit 253, across from Costco.
If you have questions please call OFIR at (503) 435-0141 or send an email to ofir@oregonir.org.

Driving directions to Best Western Mill Creek Inn:
From I-5, take exit 253, which is the intersection of I-5 and State roads 22 and Business 99E. Go West on 22 (Mission St.) a short distance to Hawthorne Ave. Turn R on Hawthorne Ave. to the first left, which is Ryan Drive. Turn left on Ryan Drive, by Denny’s Restaurant, and proceed to Mill Creek Inn just beyond.

From downtown Salem: Go east on Mission St. (State Rd. 22). Follow 22 just past the Airport and turn left on Hawthorne Ave. Then take the first left (almost an immediate left) into Ryan Drive; you will see the Inn directly ahead.
 

Labor activist Francisco Aguirre leaves Augustana Lutheran Church sanctuary, heads to Fairview home

Francisco Aguirre, the labor activist accused of illegally reentering the U.S. after his 2000 deportation to El Salvador, is going to his home in Fairview.

The 35-year-old Fairview resident has been living at Augustana Lutheran Church in Northeast Portland since September, when congregants took him in as part of the sanctuary movement.

Aguirre's latest troubles began Aug. 9, when he was stopped for drunken driving ...

...national and local community groups -- including Voz Worker's Rights Education Project, Jobs with Justice and Migrant Workers Collective -- banded together to raise money and support for Aguirre....

Aguirre stayed in the church until November, when he headed to the Clackamas County courthouse to face the drunken-driving charge. He was briefly jailed then returned to the church. Immigration and Customs Enforcement dropped the detainer it had placed on Aguirre. He will go to trial on the illegal reentry charge in January...

"This was no mistake," Aguirre said in a statement. "Thanks to the efforts of hundreds who protest our inhumane immigration policy I can now return home. I thank each and every person who supported our campaign, and ask them to support my brothers and sisters who are not as fortunate."

 

Seven Year Report: Criminal Aliens Incarcerated Oregon Department

According to the Oregon Department of Corrections (DOC) Inmate Population Profile dated October 1, 2014 DOC indicated there were 14,606 prisoners incarcerated in DOC’s 14 prisons (See attachment).

Not included in DOC’s October 1st Inmate Population Profile was DOC data indicating there were 1,086 foreign nationals (criminal aliens) incarcerated in its prison system (See attachment).

All 1,086 criminal aliens incarcerated on October 1st by DOC had United States (U.S.) Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), detainers. The U.S. DHS–ICE is responsible for identifying whether a DOC inmate is a criminal alien or a domestic inmate. If an inmate is identified as being a criminal alien, at U.S. DHS–ICE’s request, the DOC places an “ICE detainer” on the inmate that directs DOC officials to transfer custody to ICE following completion of the inmate’s state sanction.

Criminal aliens made up approximately 7.43% of the DOC October 1st prison population (See table).
 

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Inmates

DOC Domestic Inmates

DOC Inmates W/ICE detainers

DOC % Inmates W/ICE detainers

October 1, 2007

13,553

12,568

985

7.27%

October 1, 2008

13,671

12,587

1,084

7.93%

October 1, 2009

13,927

12,696

1,231

8.84%

October 1, 2010

14,071

12,837

1,234

8.77%

October 1, 2011

13,981

12,792

1,189

8.50%

October 1, 2012

14,234

12,992

1,242

8.73%

October 1, 2013

14,591

13,419

1,172

8.03%

October 1, 2014

14,606

13,520

1,086

7.43%

Source: Research and Evaluation DOC Unit-ICE inmates lists 01 OCTOBER 07rtf – 01 OCTOBER 14.rtf and Inmate Population Profile 01 OCTOBER 07 – 01 OCTOBER 14.

Comparing DOC criminal alien incarceration numbers from October 1, 2007 (985 criminal aliens) and October 1, 2014 (1,086 criminal aliens), the DOC prison system incarcerated 101 criminal aliens more than it did on October 1, 2007, a 10.25% increase (See table).
 

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Inmates W/ICE detainers

DOC Inmates W/ICE detainers # Increase or (Decrease) from Previous Year

DOC Inmates W/ICE detainers % Increase or (Decrease) from Previous Year

October 1, 2007

985

————

————

October 1, 2008

1,084

99

10.05%

October 1, 2009

1,231

147

13.56%

October 1, 2010

1,234

3

0.24%

October 1, 2011

1,189

(45)

(3.65%)

October 1, 2012

1,242

53

4.46%

October 1, 2013

1,172

(70)

(5.64%)

October 1, 2014

1,086

(86)

(7.34%)

Total

101

10.25%

Source: Research and Evaluation DOC Unit-ICE inmates lists 01 OCTOBER 07rtf – 01 OCTOBER 14.rtf and Inmate Population Profile 01 OCTOBER 07 – 01 OCTOBER 14.

When comparing DOC domestic criminal incarceration numbers from October 1, 2007 (12,568 domestic criminals) and October 1, 2014 (13,520 domestic criminals), the DOC prison system incarcerated 952 domestic criminals more than it did on October 1, 2007, a 7.57% increase (See table).
 

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Domestic Inmates

DOC Domestic Inmates # Increase or (Decrease) from Previous Year

DOC Domestic Inmates % Increase or (Decrease) from Previous Year

October 1, 2007

12,568

————

————

October 1, 2008

12,587

19

0.15%

October 1, 2009

12,696

109

0.86%

October 1, 2010

12,837

141

1.11%

October 1, 2011

12,792

(45)

(0.35%)

October 1, 2012

12,992

200

1.56%

October 1, 2013

13,419

427

3.29%

October 1, 2014

13,520

101

0.75%

Total

952

7.57%

Source: Research and Evaluation DOC Unit-ICE inmates lists 01 OCTOBER 07rtf – 01 OCTOBER 14.rtf and Inmate Population Profile 01 OCTOBER 07 – 01 OCTOBER 14.

Bringing the preceding numbers together, from October 1st 2007– 2014, seven years, the DOC prison population grew by 1,053 domestic and criminal alien prisoners; 9.59% of the overall growth was in criminal alien prisoners.

A review of the 1,086 criminal aliens in DOC prisons by number per county and percentage (%) per county equated to the following: 263-Marion (24.22%); 258-Multnomah (23.76%); 184-Washington (16.94%); 79-Clackamas (7.27%); 54-Lane (4.97%); 49-Jackson (4.51%); 29-Yamhill (2.67%); 26-Linn (2.39%); 19-Umatilla (1.75%); 17-Deschutes (1.56%); 15-Polk (1.38%); 14-Benton (1.29%); 12-Malheur (1.10%); 10-Lincoln (0.92%); 9-Jefferson (0.83%); 8-Klamath (0.74%); 7-Douglas (0.64%); 5-Josephine (0.46%); 5-Morrow (0.46%); 4-Coos (0.37%); 3-Clatsop (0.28%); 3-Hood River (0.28%); 3-Tillamook (0.28%); 3-Wasco (0.28%); 2-Crook (0.18%); 2-Union (0.18); 1-Columbia (0.09%); 1-Gilliam (0.09%); 1-OOS (0.09%); 0-Baker (0.00%); 0-Curry (0.00%); 0-Grant (0.00%); 0-Harney (0.00%); 0-Lake (0.00); 0-Sherman (0.00%); 0-Wallowa (0.00%); and 0-Wheeler (0.00%).

No member of the Oregon State Legislature should forget the uncounted crime victims and their families, no matter what their immigration status, all victims of the 1,086 criminal aliens incarcerated in DOC prisons.

A review of the 1,086 criminal aliens in the DOC prison population by numbers per crime and percentage (%) per crime equated to the following: 200-sex abuses (18.42%); 172-rapes (15.84%); 159-drugs (14.64%); 144-homicides (13.26%); 98-assaults (9.02%); 98-sodomies (9.02%); 66-robberies (6.08%); 42-kidnappings (3.87%); 21-burglaries (1.93%); 14-thefts (1.29%); 11-driving offenses (1.01%); 3-vehicle thefts (0.28%); 1-arsons (0.09%); 1-forgery (0.09%); and 56 other types of crime or a combination of the preceding crimes (5.16%).

Oregon State Legislators should not overlook the source of the preceding crimes, the country of origin of the 1,086 criminal aliens in DOC prisons.

The self-declared counties of origin of the 1,086 criminal aliens in the DOC prison population by numbers and percentage (%) per country equated to the following: 873-Mexico (80.39%); 32-Guatemala (2.95%); 19-Vietnam (1.75%); 16-El Salvador (1.47%); 12-Cuba (1.10%); 11-Honduras (1.01%); 10-Russia (0.92%); 10-Ukraine (0.92%); 8-Federated States of Micronesia (0.74%); 6-Laos (0.55%); 6-Philippines (0.55%); and 83 from other counties (7.64%).

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 ($87.08) per day (See link).

http://www.oregon.gov/doc/GECO/docs/pdf/IB_53_Quick_Facts_06_14.pdf

The DOC’s incarceration cost for its 1,086 criminal alien prison population is approximately ($94,568.88) per day, ($661,982.16) per week, and ($34,517,641.20) per year.

Even taking into account fiscal year 2013 United States Federal Government State Criminal Alien Assistance Program (SCAAP) award of $2,146,935.00, if the State of Oregon receives the same amount of SCAAP funding for fiscal year 2014, the cost to incarcerate 1,086 criminal aliens to the DOC will be at least ($32,370,706.20) (See link).

https://www.bja.gov/Funding/13SCAAPawards.pdf

None of preceding cost estimates for the DOC to incarcerate the 1,086 criminal aliens include the dollar amount for legal services (indigent defense), court costs, nor cost estimates to cover victim assistance.

An unfortunate fact, the State of Oregon is not fully cooperating with the U.S. DHS–ICE to fight crime committed by criminal aliens who reside in Oregon.

In year 2007, a United States Department of Justice (USDOJ) report titled “Cooperation of SCAAP (State Criminal Alien Assistance Program) Recipients in the Removal of Criminal Aliens from the United States, U.S. Department of Justice, Office of Inspector General Audit Division, Audit Report 07-07, October 2007, Redacted-Public Version” identified the State of Oregon as having an official “state sanctuary statute,” ORS 181.850 Enforcement of federal immigration laws (See link).

http://www.usdoj.gov/oig/reports/OJP/a0707/final.pdf

The USDOJ, the federal governments top law enforcement agency, identified Oregon as a “sanctuary” for criminal aliens.

An Oregon law, Oregon Revised Statue 181.850 (ORS 181.850), Section (1), prohibits Oregon law enforcement (Oregon State Police (OSP), county sheriffs, city police departments) from asking immigration status of anyone residing in the State of Oregon “for the purpose of 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.” Under ORS 181.850, Section (2), Oregon law enforcement October exchange information with U.S. DHS–ICE . . . “in order to: Subsection (a), “Verify the immigration status of a person if the person is arrested for any criminal offense;” or, Subsection (b), “Request criminal investigation information with reference to persons named in records of the” U.S. DHS–ICE . . . (See link).

http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors181.html

The State of Oregon should no longer be classified by U.S. federal government law enforcement as having an official “state sanctuary statute” for criminal aliens, nor should Oregon be a sanctuary for criminal aliens to kill, rape, maim or abuse Oregonians.

Lawsuit: Obama Immigration Officials Pressured Attorney To Overlook Illegal Alien DUIs And ID Theft

A career attorney with top ratings at Immigration and Customs Enforcement says that she faced retaliation from superiors for refusing to drop cases pending against illegal aliens guilty of DUI, identity theft, and other crimes.

Patricia Vroom, 59, made the claims in a lawsuit filed last week in U.S. District Court of Appeals in Arizona against Department of Homeland Security Sec. Jeh Johnson.

The Daily Caller obtained a copy of the complaint.

Vroom, who has worked for ICE and its predecessor for 26 years, alleges that in Feb. 2013 she was contacted by ICE deputy director Sarah Hartnett and was “instructed to look favorably for prosecutorial discretion on immigration removal cases involving the lowest level of felony convictions for identity theft under Arizona law.”

“This was a very significant development,” the suit claims. Criminal aliens are generally considered “‘priority cases’ that should be aggressively pursued.”

But Hartnett explained to Vroom that convictions for low-level offenders “could be converted from a felony to a misdemeanor after the defendant successfully completed probation.”

Hartnett’s argument to Vroom, according to the suit, was that “since the typical alien defendant convicted under these provisions of Arizona criminal law had simply been using a fake I.D. to get and keep employment, [Vroom] and her attorneys should look carefully at the individual’s equities and consider their cases for ‘administrative closure.’”

The administrative closure designation would allow Vroom to take such cases off of the docket altogether.

Vroom cited another incident concerning an alien who falsely claimed to be a U.S. citizen and registered to vote on two occasions.

As Vroom was pursuing the case, Stoller wrote of her in a Sept. 24, 2013 email to an ICE staffer: “[Vroom] is so wrong on so many levels that I don’t have a response right now…It is abundantly clear that, notwithstanding two years of discussing [prosecutorial discretion], priorities, and efficiencies with the field, Tucson needs comprehensive correction.”

An ICE official named Matt Downer asked Vroom how she would handle the case. She said that she would grant relief by issuing a cancellation for removal.

But Downer issued a ruling even more favorable to the alien: “dismiss with prejudice.”

That designation is significant, the lawsuit claims.

If the subject of the crime were to be charged with a crime in the future “the Department of Homeland Security would have been forever precluded from bringing the removal case against [the subject] again in immigration court on the same, legally sound, charges.”

Vroom also claims that on Nov. 5, 2013, Downer emailed her concerning the case of an individual who was found ineligible for relief under the Deferred Action for Childhood Arrivals (DACA) program, which was started by President Obama, because of an ID theft conviction.

Unknown to Vroom at the time, top ICE and DHS officials had discussed that individual case on a conference call in Aug. 2013.

An angry Downer emailed Vroom on Nov. 5, 2013, demanding to know why she had been unable to convince her Field Office Director to cancel the Notice to Appear order for the alien.

Vroom also alleges in the suit that on Sept. 17 of this year, an ICE official named Jim Stolley told attorneys with the agency’s Office of the Principal Legal Advisor at a training session that “they should favorably exercise prosecutorial discretion in some cases involving low-level criminal aliens, including those who had ‘old’ DUI convictions, if they had enough equities.”

When some of the attorneys at the session pushed back against Stolley’s suggestions, he allegedly said “we don’t give a shit about that. Let it go.”

Vroom alleges that she faced sexual and age discrimination from her superiors. And during a mid-year review conducted in May 2013, ICE official Sarah Hartness told her that some had complained that Vroom was giving “a lot of push-back.”

Prior to her recent struggles, Vroom received glowing reviews and won numerous awards, including two for “District Counsel of the Year.”

Vroom’s performance rating for the year 2010-2011 was the highest — a 4.94 on a five-point scale — out of all 26 chief counsels working at ICE.

By Nov. 2013, Vroom had fallen to the bottom of the pack in terms of performance rating. She was scored a 3.53.

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