ADangerousMergerICEEnforcementProgramsintheCriminal一个危险的合并冰执法程序在刑事资课件

1、1Goals of Session OneProvide a framework for understanding the intersection between the immigration and criminal justice systemsIdentify key concepts and issues necessary to effective advocacyOutline key ICE enforcement programs & practices in the criminal justice system and their impact on immigran

2、t communities第1页，共70页。2Presentation OverviewSection I: The Intersection Between Immigration Law and the Criminal Justice System (CJS) Section II: Intro to Immigration Detainers: ICEs Key ToolSection III: ICE ACCESS ProgramsSection IV: Immigration Detainers RevisitedSection V: Bring This All Together

3、第2页，共70页。3Section I: The Intersection Between Immigration Law and the Criminal Justice System (CJS):Selected Key Concepts第3页，共70页。4Key Concept!Anyone who is not a U.S. citizen can be deported. This includes immigrants in the country lawfully as well as undocumented persons (e.g. legal permanent resi

4、dents, refugees, people granted TPS, etc.)Regardless of how long they have been in the U.S.Regardless of their family and community ties第4页，共70页。5The General RuleAny immigrant who is stopped or arrested by law enforcement is likely to be targeted for deportation - whether or not the arrest results i

5、n conviction or a jail sentenceRegardless of whether cops have 287(g) agreement第5页，共70页。6Convictions can lead to deportationConvictions, even misdemeanors, can prevent undocumented persons from getting lawful statusConvictions, even misdemeanors, can result in greencard holders and refugees losing t

6、heir status and being deportedExamples: marijuana possession, shoplifting第6页，共70页。7People deported because of convictions have few rightsImmigration detention and deportation are often automatic and mandatoryPeople with convictions often do not get to see an immigration judgeEven when they do see an

7、 immigration judge, the judge often has no power to stop deportation第7页，共70页。Key PointApprehending noncitizens through the criminal justice system (not raids) is now ICEs primary focus for enforcementIn the last 3 years ICE has rounded up over half a million people through the Criminal Alien Program

8、 alone第8页，共70页。9The PipelineThe ICE ACCESS Programs use the criminal justice system to channel immigrants into the deportation system, regardless of whether they have convictions that make them deportableImmigration enforcement now happens at every point of the criminal system: arrest, courts, jails

9、 and probation/parole第9页，共70页。10Overview of the Criminal Justice SystemSTART: Police Stop/ArrestBooking Into Jail After ArrestArrestee in Jail (Pre/Post Bail Hearing)Bail/Custody HearingCriminal Charges & Disposition (plea/trial/dismissal/sentence)Post-Conviction (appeal, completion of sentence, rel

10、ease from criminal custody, probation)第10页，共70页。11“Criminal Aliens”Once a person is caught up in the criminal justice system, ICE will label him or her a “criminal alien”Between2019-2019, 72% of deportees who ICE calls “criminal aliens” deported for non-violent offensesHuman Rights Watch Report第11页，

11、共70页。12“Criminal Aliens”Propaganda term used to justify heavy-handed enforcement practices & increased budgetsNo legal or official definitionNow used indiscriminately to refer to any noncitizen apprehended by ICE through CJSRegardless of severity of alleged criminal offensesRegardless of whether non

12、citizen was ever convicted for any crimeSometimes also used against US citizens第12页，共70页。13Section IIIntro to Immigration Detainers: ICEs Key Tool第13页，共70页。14Immigration DetainersWhat are the goals of the ICE ACCESS programs?(1) identify noncitizens(2) lodge detainers (3) then, usually, ICE custody

13、or deportationDetainer is primary tool used by ICE to facilitate transfer of person from criminal to ICE custody and deportationBut ICE practices and policies about detainers are confusing and arbitraryINA 287; 8 CFR 287.7第14页，共70页。15What is an Immigration Detainer?A notice to the jail or police tha

14、t ICE is interested in this person; used to track a noncitizen throughout the criminal processUsually, turns up as a Form I-247 (next slide)In practice, detainer prevents the persons release from criminal custody第15页，共70页。16第16页，共70页。17Why do detainers matter?Nearly all ICE ACCESS programs rely on d

15、etainersFollow the detainer! To understand how these programs work in your community, you must discover as much about detainers as you canBecause detainer rules are frequently misunderstood, jail/police/local government routinely violates detainer rules - this may create litigation or local advocacy

16、 opportunities to fight the ICE ACCESS programs第17页，共70页。18Section IIIICE ACCESS Enforcement Programs第18页，共70页。19ICE ACCESS Programs287g ProgramCriminal Alien ProgramOperation Community ShieldSecure CommunitiesRapid REPATOperation PredatorOperation FirewallLaw Enfcmt Support Ctr LESCIntellectual Pro

17、perty Rights CenterFugitive Operations TeamsDocument and Benefit Fraud Task ForceCustoms Cross-DesignationBorder Enforcement Security Task ForceAsset Forfeiture/Equitable S/oslc/iceaccess.htm第19页，共70页。20ICE ACCESS ProgramsPrimary ICE Access Programs:Criminal Alien Program287(g) Agreemen

18、tsSecure Communities InitiativeOperation Community ShieldFugitive Operations TeamsFY 2019 funding for ICE ACCESS programs = nearly $1.5 billion第20页，共70页。21Problems with ICE ACCESS ProgramsCriminalize migration Create an airtight pipeline to deportationCause criminal justice system to lose its core p

19、romise of giving people accused of crimes a fair process第21页，共70页。22Problems with ICE ACCESS ProgramsFoster bias against noncitizens in criminal justice systemDetainers and detainer violations result in unlawful imprisonment and increase criminal custody timeJudges grant no bail or higher bail amoun

20、tEven if posted, risk of going directly into ICE custodyTravis County, TX: inmates with ICE detainers spent triple time in jailExacerbated by violations of 48-hour ruleSignificantly impair ability to defend against criminal chargesLeads to more guilty pleasKeep immigrants from accessing early releas

21、e and jail programs第22页，共70页。23Problems with ICE ACCESS ProgramsTolerate and encourage expansion of term “criminal alien” Mask abuses Deter criticism and challenges Misinform public and politicians about ICE goals and priorities第23页，共70页。24Problems with ICE ACCESS Programs Continue ICEs pattern of u

22、sing arrests on minor charges as gateway to immigration enforcement第24页，共70页。25Problems with ICE ACCESS ProgramsEncourage racial and ethnic profiling Police target perceived immigrants for arrest, knowing they will end up in ICE custody (deported), regardless of validity of arrestICE is willfully bl

23、ind to racial profiling and pretextual arrestsNo mechanisms exist to ensure that racial profiling and pretextual arrests dont occur第25页，共70页。26Problems with ICE ACCESS ProgramsGive power to local & federal agents with no oversight, transparency or governing regulationsVery little public information

24、about operations and proceduresNo (or woefully inadequate) grievance or redress procedures.Allow ICE to ignore impacts of the programsNo (or insufficient) requirements for data collection, audits or oversight. No requirement for documentation of impact of program第26页，共70页。Problems with ICE ACCESS Pr

25、ogramsUndermine community safetyUnderreporting of crimesImmigrants more likely to become target of crimeUndermine community policing strategies, resulting in deteriorating relationships with police第27页，共70页。28Problems with ICE ACCESS ProgramsCreate high costsFY2019 budget for CAP alone: nearly $200

26、millionFor Secure Communities: $200 millionCreate burden for communitiesMisuse of resourcesDetention costsSocial costs第28页，共70页。29The Criminal Alien Program第29页，共70页。30Criminal Alien Program (CAP)Primary enforcement program used by ICE to apprehend noncitizens who have contact with the criminal just

27、ice systemHas existed since 1980s but vastly expanded in last 10 years第30页，共70页。31Criminal Alien Program (CAP)ICEs stated goals for CAP:Identify and screen inmates in federal, state, and local jails and prisons, ANDInitiate removal proceedings while people are still in criminal custody OR transfer p

28、eople to ICE for removal proceedings directly from jail.第31页，共70页。32Criminal Alien Program (CAP)ICE has 119 CAP “Teams”Teams have an unknown number of ICE agents deployed to jails and prisons across the U.S.第32页，共70页。How CAP WorksJail or cops identify foreign-born peopleAsking place-of-birth informa

29、tion at booking (jail)Asking identifying info at arrest (cops)S-Comm fingerprint checksJail or cops provide ICE with the names and information of foreign-born peopleICE lodges detainers against those who cannot prove U.S. citizenship第33页，共70页。How CAP WorksICE conducts jail interviews of noncitizens

30、in jailBefore or after detainer is issuedTo gather information used to deport peopleTo process people for deportationICE takes people into immigration custody upon release from jail (criminal custody)第34页，共70页。35How CAP worksQuestioning by local police or ICE in jails:Almost always without counselFa

31、cts from jail interviews help ICE prove deportability (especially for people who entered unlawfully)Pressure people to agree to waive right to see immigration judge and agree to deportation (stipulation of removal order)第35页，共70页。36Right to remain silent?People have a right to remain silent and not

32、answer questions about where they were born or their immigration statusBut no requirement that cops or ICE agent tell people of this right (no “Miranda” warning)* Community Tip! Spread word of right to remain silent - people do not have to answer ICE questions!第36页，共70页。37CAP Statistics In FY 2019 a

33、lone, ICE began removal proceedings against 221,085 people through CAP 46% increase over 2019 total Currently nearly half (48%) of all noncitizens in ICE custody apprehended through CAP 57% did not have criminal conviction (2019)Fastest growing DHS program:Budget increased 253% from FY 2019-2009FY 2

34、019 budget $200 million第37页，共70页。38CAP Statistics15 mo. study of CAP in Irving, TX:2% of ICE detainers were issued against persons charged with felony offenses98% of ICE detainers issued against persons charged with misdemeanor offensesAfter CAP was launched, local police arrested Hispanics for low

35、level misdemeanor offenses in significantly higher numbers(The CAP Effect report - 2009)第38页，共70页。39Secure Communities第39页，共70页。40Secure Communities: What Is It?Fingerprints taken at arrest/booking used to automatically and immediately search for persons criminal and immigration history. FBI databas

36、e (current practice)DHS databases (added by S-Comm)If a database “hit” (arrested person is matched to a record indicating immigration history), ICE and jail automatically notified. 第40页，共70页。41S-Comm: How It WorksICE then evaluates each case to determine what, if any, enforcement action will be take

37、n:Generally, ICE will issue detainer against personICE claims, on average, the process from submission of fingerprints to issuance of ICE detainer takes approximately 4 hours. Undocumented persons with no immigration history will not be identified through S-Comm initiative 第41页，共70页。42S-Comm: How It

38、 WorksGives ICE technological, not a physical presence in jailsUnlike CAP and 287(g) programsDetainers can be issued without presence of ICE agents in jailsHowever, overlap between CAP and S-CommNo MOAs required w/local jails/copsNo deputization of local police agents第42页，共70页。43S-Comm: How It Works

39、ICE enters into agreement with State Identification Bureau (SIB)SIB processes fingerprints of those arrested by state and local policeICE provides Standard Operating Procedures to jail/police Outlines S-Comm processes and ICEs responsibilitiesUnclear if local jail/police can opt out 第43页，共70页。44S-Co

40、mm: Where Is It?By January 2019, S-Comm was in 116 jurisdictions in 16 statesICE plans to have S-Comm in every state by 2019Goal is to have S-Comm in each of 3,100 state & local jails by 2019第44页，共70页。45第45页，共70页。46S-Comm: Focus and PrioritiesICE claims to have established priorities (Levels 1, 2 an

41、d 3) that allow S-Comm to focus on apprehending “serious criminals”第46页，共70页。S-Comm: Focus and PrioritiesThe RealityIn practice, ICE is using S-Comm to focus on apprehension of all noncitizensTargets people arrested, not convictedWho ICE classifies as a serious criminal is inaccurate and misleadingI

42、ncludes low-level misdemeanor crimes such as resisting arrest and traffic offenses第47页，共70页。48S-Comm: ICEs StatisticsIn S-Comms First Year (Oct. 08-Oct. 09):Over 990,000 fingerprint submissions Approximately 111,000 records “hits” for persons with both immigration history and prior conviction or cha

43、rge9% of hits were level 1 serious charges or convictions86% of hits were level 2 or 3 non-violent or minor charges or convictions5% of hits were U.S. citizens第48页，共70页。49S-Comm: Well-Funded Fears of PerpetuationFY 2019 appropriation: $200 million.Presidents FY 2019 budget: For ICE: $146.9 million “

44、to continue FY 2019 progress toward nationwide implementation of the S-Comm program”For the Department of Justice: Over $11M increase for Immigration Court System (EOIR)For 125 additional staff to deal with increased caseloads resulting from CAP and Secure Communities第49页，共70页。50 287(g) ProgramsICEP

45、oliceICE第50页，共70页。51What is “287(g)”?287(g) refers to a section of the federal immigration laws (Immigration and Nationality Act)Section 287(g) of the INA allows DHS Secretary to enter into agreements (MOA) that give powers to local police to enforce civil provisions of immigration lawWithout 287(g)

46、, police can ask about immigration status but cannot arrest for possible deportation第51页，共70页。52What is a 287(g) MOA?Task force model Police have authority to detain people on civil violations that they encounter in the course of their criminal enforcement duties in the fieldJail modelPolice assess

47、inmates in jails and, if subject to removal, places detainers and processes paperwork to initiate removal proceedings第52页，共70页。53What is a 287(g) MOA? Deputized 287(g) officer must attend a 4-week immigration law training courseAll deputized 287(g) officials are supposed to be under ICE supervision7

48、1 active MOAsMostly in rural areas and with SheriffsOver 1,075 officers trained 第53页，共70页。54The 287(g) Program - HistoryDespite ICEs stated goal of targeting “serious criminal aliens,” primary and aggressive focus was on “easy” targets those arrested for minor misdemeanors 2009 GAO report on 287(g)第

49、54页，共70页。55What does the new 287(g) MOA do?June 2009: Expanded the 287(g) with new standard MOANew priorities New requirement to pursue to completion all criminal chargesNew complaint proceduresNew ability to terminate MOAs第55页，共70页。56Problems with the MOANo mechanism to prevent and address racial p

50、rofilingNo clarity re: “recommendation” to pursue to completion all criminal chargesNot-so-standard MOAIneffective complaint proceduresSame old bad actors signed up with new MOA第56页，共70页。Section IV: Immigration Detainers Revisited第57页，共70页。Back to Detainers: Quick ReviewICE uses the detainer in ICE

51、ACCESS programs to flag and pick up suspected noncitizensHow detainers impact a person: In practice, detainers keep you in criminal custody for a longer period of timeMost often, detainers are used to deny criminal bail or make it higherDetainers impact what kind of jail you will be incarcerated in

52、or what kind of rehab programs you have access to58第58页，共70页。59What does ICE need from police or a jail to lodge the detainer? There is no standard of proof to lodge a detainer (so mistakes are made)Persons with lawful status (LPR, refugees) without deportable convictionsU.S. citizens wrongfully get

53、 detainersUsually, ICE lodges detainer with place of birth information An admission at arrest or during booking that they were born outside U.S. (or are not U.S. citizens)Police or jail gives ICE the info第59页，共70页。60Advocacy Point!Investigate whether your jails collect place of birth information - a

54、nd how ICE gets this informationCan you advocate to change this policy of collecting this information with the jail?Can arrested people refuse to answer questions about place of birth by police?Can arrestees or incarcerated individuals refuse interviews by ICE ?第60页，共70页。How do you remove the detain

55、er?Answer: IT IS REALLY HARD!Generally, negotiate with ICE Detention and Removal Offices to lift the detainerIf the person is in the federal criminal justice system, you might be able to file a lawsuit to lift itAlthough it is not easy to lift a detainer, there are other rules you can use to get the

56、 detainer lifted61第61页，共70页。Remember the rules!A detainer is an ICE request NOT an order to the criminal justice agency (jail, prison) to notify ICE before releasing the person Does not mean: Local police or local jails can hold someone for an undetermined period of timeThat the person will NECESSAR

57、ILY be deported62第62页，共70页。63The 48-hour rule on detainersThe detainer requests that jail/police hold someone 48 hours after the criminal case is resolved (e.g. dismissed, sentence concluded, innocent) OR when bail has been postedExcept weekends and holidaysBeing held beyond 48 hours = unlawful impr

58、isonmentThis violation could mean liability to local government or jail (NYC Rikers lawsuit won $145,000)第63页，共70页。Advocacy Points!Identify practices in your local jail:How do you make police or the jail stop violating the 48-hour rule?How long are people held beyond the 48-hour period?Establish rel

59、ationship with your public defendersEducate them about immigration detainersUnderstand how detainers impact release from criminal custody during casesInclude them in your advocacy efforts64第64页，共70页。Section VBringing This All TogetherWhat This Means for Your Advocacy Work第65页，共70页。How ICE ACCESS Programs Interact with the Criminal Justice SystemSTART: Police Stop/ArrestBooking Into Jail After ArrestArrestee in