enforcement

On Sunday, May 7, Texas Governor Greg Abbott (R) signed Senate Bill (SB) 4, strong anti-sanctuary legislation to promote public safety and ensure law enforcement is able to fully cooperate with federal immigration officials. (Texas Tribune, May 7, 2017) Texas is the second state to pass a state-wide anti-sanctuary law this year. Mississippi Governor Phil Bryant (R) signed a bill into law outlawing sanctuary cities in March. (US News, Mar. 27, 2017)

Specifically, SB 4 prohibits state and local entities from adopting, enforcing, or endorsing policies that prohibit or materially limit the enforcement of immigration laws. (SB 4) Public university and college campuses are explicitly included in these requirements. (Id.) SB 4, however, does make an exception for local school districts, public health centers, and other community centers. (Id.) SB 4 also authorizes law enforcement to inquire into a person’s immigration status during a lawful investigation to a criminal offense. (Id.)

To ensure officers comply with the law, SB 4 subjects law enforcement officials with criminal, Class A misdemeanor, charges if they do not comply with detainers sent by the U.S. Department of Homeland Security. (Id.) Additionally, localities or colleges who defiantly impose sanctuary policies may be subject to pay a fine, between $1,000 and $25,500 per day the policy is in place. (Id.)

Governor Abbott has consistently taken strong positions on immigration enforcement since taking office and made passing state-wide anti-sanctuary legislation a legislative priority for 2017. (FAIR Legislative Update, Jan. 10, 2017; FAIR Legislative Update, Feb. 7, 2017) “As governor, my top priority is public safety, and this bill furthers that objective by keeping dangerous criminals off our streets,” Abbott said. (Reuters, May 8, 2017)

Texas has been on the front lines of the illegal immigration surge that expanded during the Obama Administration. (FAIR Legislative Update, July 5, 2017) Former President Obama’s lax enforcement policies encouraged record numbers of illegal alien minors and families from Central America to cross the southern border into Texas over recent years. (Id.) As a result, Texas taxpayers have fronted billions in costs associated illegal immigration, particularly with regard to law enforcement, education, and public benefits spending. (Id.) Read more about Victory in Texas: Governor Abbott Signs Anti-Sanctuary Bill

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

Data obtained from the DOC indicated that on April 1st there were 962 foreign nationals (criminal aliens) incarcerated in the state’s prison system; more than one in every sixteen prisoners incarcerated by the state was a criminal alien, 6.57 percent of the total prison population.

Some background information, all 962 criminal aliens currently incarcerated in the DOC prison system were identified by U.S. Immigration and Customs Enforcement (ICE), a federal law enforcement agency that is part of the U.S. Department of Homeland Security. If an inmate is identified by ICE as being a criminal alien, at the federal law enforcement agency’s request, DOC officials will place an “ICE detainer” on the inmate. After the inmate completes his/her state sanction, prison officials will transfer custody of the inmate to ICE.

Using DOC Inmate Population Profiles and ICE detainer numbers, the following table reveals the total number inmates, the number of domestic and criminal alien inmates along with the percentage of them with ICE detainers incarcerated on April 1st in the state’s prisons.
 

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

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

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

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

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

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

Using the DOC Inmate Population Profile and ICE detainer numbers from April 1st, the following table reveals the total number inmates by crime type, the number of domestic and criminal alien prisoners incarcerated by type of crime and the percentage of those crimes committed by criminal aliens.
 

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

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

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

Beyond the DOC criminal alien incarceration numbers and incarceration percentages, per county and per crime type, or even country of origin, criminal aliens pose high economic cost on Oregonians.

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

The DOC’s incarceration cost for its 962 criminal alien prison population is approximately ($90,957.10) per day, ($636,699.70) per week, and ($33,199,341.50) per year.

Even taking into account fiscal year 2016 U.S. Bureau of Justice Assistance, U.S. Department of Justice, State Criminal Alien Assistance Program (SCAAP) award of $1,788,075.00, if the State of Oregon receives the same amount of SCAAP funding for fiscal year 2017, the cost to incarcerate 962 criminal aliens to the DOC will be at least ($31,419,266.50).

None of preceding cost estimates for the DOC to incarcerate the 962 criminal aliens includes the dollar amount for legal services (indigent defense), language interpreters, court costs, or victim assistance.

Bibliography

Oregon Department of Corrections Population Profile April 1, 2017:
http://www.oregon.gov/doc/RESRCH/docs/inmate_profile_201704.pdf

Oregon Department of Corrections Population Profile (unpublished MS Excel workbook) titled Incarcerated Criminal Aliens Report dated April 1, 2017.

Oregon Department of Corrections Issue Brief Quick Facts IB-53, January, 2017:
http://www.oregon.gov/doc/OC/docs/pdf/IB-53-Quick%20Facts.pdf

U.S. Bureau of Justice Assistance, State Criminal Alien Assistance Program (SCAAP), 2016 SCAAP award: https://www.bja.gov/funding/FY2016-SCAAP-Award-C.PDF

This report is a service to Oregon state, county and city governmental officials to help them assess the impact of foreign national crime in the state.

David Olen Cross
Cell Phone: 503.991.2089
E-mail: davidolencross@hotmail.com Read more about Oregon Department of Corrections: Criminal Alien Report April 2017

Much attention has been given to the antics of crazy California politicians like Kamala Harris, Kevin de Leon, and Nancy Pelosi, who all advocate for sanctuary city/state policies and call anyone opposed to their view racist or "white supremacist" - and can somehow say with a straight face that this policy doesn't put Americans at risk.

But, there are elected officials and law enforcement officers in the state who strongly oppose these policies and, in particular, Senate Bill 54, which would prohibit law enforcement agencies in the state from using "agency or department moneys, facilities, property, equipment, or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes."

Law enforcement associations have made their concerns known, but since SB 54 has passed the Senate, the Ventura County Sheriff's Department is taking their concerns straight to the public, posting a "rap sheet" of some of the actual Ventura County inmates recently detained by ICE. 

As a follow-up to our concerns over Senate Bill 54, we would like to provide more factual information regarding the types of individuals that would be released into our community if immigration authorities are not allowed in our jail as would be mandated by this bill. Immigration and Customs Enforcement (ICE) has continued to review inmates in the jail who might have possibly been in the country illegally.

The report stated that ICE had detained 50 inmates in the last 30 days, but the county averages 1,373 ICE detainers a year. All but one of the 50 had either a prior arrest history, current felony charges, or prior deportation orders (yet found themselves in jail again). The Sheriff's Department then posted a sample of the charges of those detained by ICE:

• Inmate 1 Current Arrest – felony domestic violence; Prior Arrests – drunk driving; stealing a vehicle; hit and run; drunk in public; under the influence of a controlled substance; possession of drugs; possession of drug paraphernalia 
• Inmate 2 Current Arrest – felony domestic violence; dissuading a victim from testifying; obstructing the use of a communication devices to prevent summoning assistance; Prior Arrests – felony domestic violence (twice); assault with a deadly weapon; child endangerment; illegal entry; previously deported 
• Inmate 3 Current Arrest – felony domestic violence; false imprisonment; resisting arrest; kidnapping; Prior Arrests – sexual battery; burglary; robbery; false information to a peace officer; brandishing a weapon; false imprisonment; kidnapping; stealing a vehicle; illegal entry; previously deported 
• Inmate 4 Current Arrest – possession of a controlled substance for sale; transportation of a controlled substance (twice); driving on a suspended license; Prior Arrests – battery (twice); drunk in public; vandalism; transportation, sales, or distribution of a dangerous drug; transportation of a controlled substance; drunk driving (twice)
• Inmate 5 Current Arrest – felony drunk driving; driving without an ignition interlock device; driving on a suspended license; Prior Arrests – lewd acts with a child under 14; driving on a suspended drivers’ license (five times); drunk driving (twice); unlawful sexual intercourse with a minor 
• Inmate 6 Current Arrest – assault with a deadly weapon; attempted kidnapping; Prior Arrests – possession of drugs (twice); possession of drug paraphernalia (three times); prowling; theft (twice); false information to a peace officer (twice); drunk in public; robbery (three times); felony domestic violence; assault with a deadly weapon (three times); kidnapping (twice) 
• Inmate 7 Current Arrest – domestic violence; Prior Arrests – felony criminal threats (twice); domestic violence (twice); child endangerment; driving without a license; driving with a suspended license; possession of drugs; theft (twice); possession of stolen property; false information to a peace officer; stealing a vehicle; illegal entry
• Inmate 8 Current Arrest – kidnapping; false imprisonment; lewd acts with a child under 14; Prior Arrests – resisting arrest; under the influence of drugs (twice); kidnapping; lewd acts with a child under 14, drunk in public 
• Inmate 9 Current Arrest – warrant for resisting arrest, false information to a peace officer, domestic violence, violation of a domestic violence court order; Prior Arrests – brandishing a weapon; felony domestic violence; felony criminal threats; drunk in public (twice); violation of a domestic violence court order (three times); vandalism; domestic violence (twice); resisting arrest (twice); false information to a peace officer 
• Inmate 10 Current Arrest – felony domestic violence; Prior Arrests – felony domestic violence; previously deported
• Inmate 11 Current Arrest – possession of a short barreled shotgun; Prior Arrests – assault with a deadly weapon, possession of a short barreled shotgun (twice), assault, carrying a concealed firearm, illegal entry 
• Inmate 12 Current Arrest – under the influence of drugs; Prior Arrests – felony domestic violence, burglary, inflicting injury to a child, under the influence of drugs, resisting arrest, unlicensed driver, drunk driving, possession of drug paraphernalia, false information to a peace officer 
• Inmate 13 Current Arrest – possession of drugs for sale; Prior Arrests – possession of drugs for sale (twice); previously deported 
• Inmate 14 Current Arrest – under the influence of drugs; Prior Arrest – member of a street gang, assault with a deadly weapon, conspiracy, possession of drugs, drunk driving, trespassing 
• Inmate 15 Current Arrest – felony domestic violence; Prior Arrests – felony domestic violence; child endangerment; false imprisonment; domestic battery; drunk driving; hit and run

Members of gangs, drug dealers, sex offenders, pedophiles, assault with a deadly weapon, repeat drunk drivers, repeat domestic violence, violating court orders - yeah, these are not harmless people just looking for a way to have a better life. Good for you, Sheriff, on giving the people you're sworn to protect the facts. Read more about CA Sheriff Hits Back at "Sanctuary State" Rhetoric by Showing Just Who Would be Protected

An undocumented immigrant out on bail kept showing up to court in Portland to face state gun and drug charges until federal immigration agents ran his name and took him into custody on a deportation order.

The man's defense attorney described the case as "fairly extraordinary,'' noting his client, Jose Alfredo Bustos-Bustos, followed court orders to appear when necessary, despite the current national crackdown on illegal immigration.

"Only after leaving his third court appearance was he picked up by immigration officials,'' said Assistant Federal Public Defender Stephen Sady.

On Friday, a federal judge ordered Bustos-Bustos, 30, to remain in custody pending trial on new federal charges, including illegal alien in possession of a firearm and possession with intent to distribute methamphetamine.

U.S. Magistrate Judge Stacie B. Beckerman found Bustos-Bustos a danger to the community based on the nature of the alleged offenses...

A fingerprint suspected to be from a child under age 4 was found on the AR-15 rifle, Assistant U.S. Attorney Peter Sax said.

Officers also noticed a statute in the apartment of Mexican folk saint Jesus Malverde -- described by Beal in an affidavit as the "patron saint of drug traffickers.''

Court records in Multnomah County indicate Bustos-Bustos' children were taken into protective custody after his arrest.

He was arraigned in Multnomah County Circuit Court on Jan. 25, and the next day, posted 10 percent of his $110,000 bail and was released...

On March 24, according to the federal complaint, Special Agent Shawn Mohr, a deportation officer with U.S. Immigration and Customs Enforcement, wrote a report that a computerized check on Bustos-Bustos revealed he faced a previous deportation order out of California. Bustos-Bustos, as a result, was transferred to a federal facility in Tacoma.

The federal complaint was issued April 24. Bustos-Bustos was taken back into custody by Gresham police on April 25 on the federal gun and drug charges...

His wife, Miriam Karina Avila, 25, is out of custody, facing possession and delivery of methamphetamine and cocaine allegations...

Before Bustos-Bustos was returned to federal custody in Portland, Avila was granted permission to leave Oregon to travel to a detention center in Tacoma to visit her husband on weekends, according to court records.

Jose Alfredo Bustos-Bustos, who was out of custody on state drug and firearms charges since a January arrest, has now been detained on new federal charges, including illegal alien in possession of a firearm. A U.S. magistrate judge on Friday ordered he remain in custody pending trial. Read more about State firearm, drug charges turn to federal case on man accused of being illegal immigrant

Tomorrow marks President Donald Trump's 100th day in office, and immigration has been a key component of his 100-day agenda. Thus far, Trump has solely relied on his executive powers to stem the tide of illegal border crossings and beef up interior enforcement. And while he's taken some good first steps in addressing legal immigration, he's yet to take strong action on protecting American workers from the steady flow of cheap foreign labor that drives down wages and increases job competition for workers.

THE HIGH POINTS

Past presidents and candidates have talked tough on immigration, but none have followed through on that tough talk. In fact, a clip from Bill Clinton's 1996 State of the Union Address is one of the most watched videos we've ever posted on our Facebook page (94 million views). But neither Clinton, George W. Bush, nor Barack Obama were ever committed to ending illegal immigration.

Candidate Trump used some of the toughest pro-enforcement language ever during his White House run, and we've already seen its impact. Border Apprehensions -- the measure used to determine overall illegal border crossings -- are at a 17-year low, and the administration has significantly stepped up interior enforcement efforts across the country.

In just his first week after being sworn in, Pres. Trump signed two Executive Orders aimed at securing the border and strengthening interior enforcement. Those Executive Orders called for:

• Increases in Border Patrol and Immigration and Customs Enforcement agents,
• Increase in immigration judges,
• Withholding visas from countries that refuse to repatriate deported aliens,
• An end to catch-and-release,
• The construction of more detention facilities for detained illegal aliens along the border,
• Granting Border Patrol access to federal lands,
• Ending Pres. Obama's Priority Enforcement Program (PEP),
• Reinstating Secure Communities and encouraging increased participation from local police in immigration enforcement, and
• Creation of an office for victims of illegal-alien crimes.

Trump needs money from Congress to accomplish a few of the above points, but his Administration has already moved forward on many of the points using existing funds.

LAYING THE GROUND WORK

Pres. Trump will need help from Congress on several more of his immigration priorities, but he's at least started the discussion on a few of them. Most notably, his FY2018 budget request to Congress asked for funding to make E-Verify mandatory for all employers. Congress will need to pass a mandatory E-Verify law to make that request a reality, but budget requests typically reveal the White House's policy priorities for the next fiscal year.

NumbersUSA believes requiring all employers to use E-Verify to end the jobs magnet is the single, strongest step that can be taken in ending illegal immigration and protecting American workers. But over the years, we have also advocated for full implementation of the Secure Fence Act of 2006 that requires double-layered, reinforced fencing along 700-miles of the U.S.-Mexico border. Trump's campaign mantra was to 'build the wall', and while the details of 'the wall' remain a bit fuzzy, he's continued to push for some sort of barrier construction along the border.

The Administration is also off to a good start at ending sanctuary policies. Both Pres. Trump and Attorney General Jeff Sessions have called for withholding federal funds from jurisdictions that refuse to cooperate with federal immigration enforcement efforts. This week, a federal judge in San Francisco ruled that withholding all federal funds from a sanctuary jurisdiction was unconstitutional, but ruled that it may be okay for the administration to withhold federal grants that require local law enforcement to cooperate with federal law enforcement. That's exactly what the Trump Administration aims to do.

There hasn't been much action on legal immigration, but the Trump Administration did step up its efforts in recent weeks on the H-1B issue. The Departments of Justice and Homeland Security have put tech employers on notice that any misuse of H-1B visas will be investigated, and Trump signed an executive order last week, calling for a review of the H-1B application process. Current federal regulations require that H-1B applications be awarded through a lottery process, but Trump has called for a new process that would award visas to the most skilled or highest paid applicants.

Pres. Trump has done little, yet, to address permanent, legal immigration, but he did include a strong statement in his Joint Address to Congress in February that called for reforming the current legal immigration system to a merit-based system that serves the national interest. He's also met with Sens. Tom Cotton (R-Ark.) and David Perdue (R-Ga.) to discuss their RAISE Act, which would end Chain Migration and the Visa Lottery and reduce overall immigration by up to 50%.

AREAS NEEDING ATTENTION

The Trump Administration has continued Obama's unconstitutional executive amnesty, DACA, the Deferred Action for Childhood Arrivals program. Trump said he would end the program on Day 1 of his presidency, but one of his January Executive Orders, calling for a review of all of the Obama-era immigration orders, specifically excluded a review of DACA. While the renewals and decisions over what to do with the current DACA population may be more difficult, his Administration's refusal to stop issuing NEW work permits flies in the face of his clearly stated campaign promise on that issue.

Trump has also allowed the Optional Training Program (OPT) to continue. OPT allows foreign students who graduate from a U.S. college or university with a STEM degree to stay and work in the U.S. for up to two years. The program places recent American STEM students in direct competition with foreign students for jobs immediately after graduation. OPT was started by George W. Bush, expanded by Barack Obama, and has never been authorized by Congress. It would be easy for the Administration to eliminate the program.

Perhaps the most important immigration lesson of the first 100 days of the Trump Administration is that simply sending a strong message of enforcement is enough to begin to dramatically reduce illegal entries. That alone has been a tremendous success. Yes, there are some unfulfilled immigration-campaign promises and some areas that need more attention, but it's only been 100 days. There's clear evidence that immigration enforcement is improving, and there are hopeful signs that legal immigration reductions could be on the horizon.

  Read more about Pres. Trump's first 100 days make improvements to immigration enforcement and begin laying the groundwork for worker visa reforms

(Washington, D.C.) - Today, the Immigration Reform Law Institute (IRLI) filed a friend-of-the-court brief (attached here) in the U.S. Supreme Court in support of the State of Arizona which was sued by an illegal alien pressure group to force the state into granting eligibility for driver's licenses to millions of illegal aliens falling under the Obama Administration's lawless Deferred Action for Childhood Arrivals (DACA) program. In the case of Brewer v. Arizona Dream Act Coalition (Civil Action No. 16-1180), Arizona is asking the Supreme Court to hear the case and reverse the U.S. Court of Appeals for the Ninth Circuit which ruled last year that Arizona's policy is preempted by federal law.

In its brief, IRLI argued that the Ninth Circuit erred because the Supremacy Clause makes "laws" supreme, not executive branch deferral of the enforcement of such laws, such as DACA. Second, IRLI argued that the court erred by relying on the false proposition that the Executive Branch, on its own authority, has the power to alter or redraft the terms of the statutes it is charged with enforcing. Lastly, IRLI argued that the court erred by finding that Arizona created its own immigration categories by treating DACA beneficiaries differently than special applicants for Legal Permanent Resident (LPR) status. The latter enjoy a statutory pathway to citizenship, albeit an uncertain one, unlike DACA recipients who have no such statutory path and are simply unlawfully present.

Dale L. Wilcox, IRLI's Executive Director, commented, "The Ninth Circuit's decision that Obama's controversial DACA policy can preempt Arizona's driver's license rules violates basic preemption and federalism principles." Wilcox further commented, "In its brief, IRLI urges the Supreme Court to hear the case to clarify that the Executive Branch acting outside of congressional intent cannot preempt state law. We will continue the fight for federalism and states' rights and defend the rule of law." Read more about IRLI Files Brief in U.S. Supreme Court in Support of Arizona's Right to Refuse Benefits to Illegal Aliens

SAN DIEGO — U.S. Customs and Border Protection officers at the San Ysidro port of entry yesterday took an undocumented man into custody, who was wanted for sexual assault of a minor and burglary, as he was attempting to enter into Mexico.

On Wednesday, April 26, Santiago Flores-Martinez, a 48-year-old undocumented Mexican citizen, was attempting to enter Mexico when he was stopped by the port’s Anti-Terrorism Contraband Enforcement Team (A-TCET) who was conducting southbound inspections of travelers.

A CBP officer conducted a query to get biometric information on the man via the “Integrated Automated Fingerprint Identification System” (IAFIS). CBP officers confirmed Flores-Martinez was an exact match to active National Crime Information Center (NCIC) arrest warrants out of Clackamas County, Oregon, on charges of sexual assault of a minor and first degree burglary stipulating no bail.

“CBP officers routinely encounter and stop dangerous fugitives, attempting to depart the United States,” said Pete Flores, director of field operations for CBP in San Diego. “Working with our law enforcement partners is not only critical but necessary in order to ensure justice is served.”

After the warrants were confirmed, CBP officers turned over custody of Flores-Martinez to the U.S. Marshals Service (USMS). He will be extradited to Oregon to face charges.

CBP officers put an immigration detainer on Flores so that after the judicial process he will be returned to DHS custody.

Criminal charges are merely allegations. Defendants are presumed innocent unless proven guilty in a court of law.

For more information about this case, please click on link to read a news release from the Clackamas County Sheriff’s Office: http://www.clackamas.us/sheriff/pressreleases/2017-03-01-CCSOPR-SexAssaultSuspectSketch.html

For statistics on more of our apprehensions, please visit our CBP Enforcement Statistics webpage.

For statistics on criminal aliens apprehended, please visit our Criminal Alien Statistics webpage.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws. Read more about CBP Officers Catch Man Wanted for Sexual Assault of a Minor and Burglary as he Headed to Mexico