Communities Resisting Immigration Enforcement: Detainer Policies and Local Advocacy. September 19, 2014

Transcription

1 Communities Resisting Immigration Enforcement: Detainer Policies and Local Advocacy September 19, 2014

2 Our Presenters Lena Graber, Special Projects Attorney Immigrant Legal Resource Center (ILRC) Jonathan Blazer, Advocacy and Policy Counsel American Civil Liberties Union (ACLU) Jose Manuel Escobedo, Deputy Director Border Network for Human Rights (BNHR) Commissioner Wayne D. Hancock Doña Ana County (NM) Board of Commissioners 2

3 Immigration and Local Law Enforcement a) Secure Communities ( SComm ) Fingerprints and database checks ICE knows about every single person arrested in the entire country b) Criminal Alien Program Booking lists, interviews, and notifications to ICE SComm is technically part of this larger effort c) Immigration Detainers 48-hour hold request allows transfer of custody from local jail to ICE Have enabled hundreds of thousands of deportations d) Recent legal developments Voluntary request Hold constitutes a new arrest by the jail No probable cause for arrest Unconstitutional 3

4 The Deportation Pipeline ICE Removal Proceedings Detention Deportation 4

5 More Like the Deportation Funnel SECURE COMMUNITIES What is Secure Communities? FBI ICE 5

6 287(g) Operation Streamline Border Enforcement Task Forces CRIMINAL ALIEN PROGRAM Operation Community Shield Worksite Raids Law Enforcement Support Center The Real Deportation Funnel Border Patrol Fugitive Operations SECURE COMMUNITIES 6

7 DETAINERS ICE INFORMATION The Criminal Alien Program (CAP) includes all kinds of operations to share information and apprehend immigrants from state, local, and federal jails. 7

8 CAP includes all of ICE s agents activities interacting with the criminal justice system: searching jails for immigrants, forging agreements with jails to report immigrants to them, monitoring SComm hits, issuing detainers, and retrieving immigrants from jails, prisons, courthouses, and even probation appointments. 8

9 IMMIGRATION DETAINER NOTICE OF ACTION aka ICE hold An immigration detainer is a request from ICE to the local or state police, jail, sheriffs, or other law enforcement agency: 1. ICE is interested in this person* 2. Please contact ICE before you release the person, to let ICE know when they will be let go 3. Please hold the person after their release date for an extra 48 hours to give ICE time to come get them *Previously, the detainer form said that ICE had initiated an investigation into the subject of the detainer. In 2012, ICE changed the detainer form to say that ICE has reason to believe the subject of the detainer is a non-citizen subject to deportation. However, there is no evidence that ICE agents check on the person more carefully before they issue a detainer. 9

10 IMMIGRATION DETAINER NOTICE OF ACTION 10

11 THE CRIMINAL JUSTICE PROCESS 11

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13 IN CONTEXT What does it mean when the local police are the mouth of the deportation funnel? If you are an immigrant, it means the people responsible for protecting your safety are actually working against you. It means if you are the victim of a crime, calling for help may be an even bigger risk. It means police are encouraged and/or pressured to treat citizens and immigrants differently in their daily work. 13

14 Advocacy to Limit ICE Holds In , hard fought organizing campaigns led to ordinances and resolutions limiting local responses to ICE holds in small number of localities - primarily in pro-immigrant communities with large immigrant populations. In 2013, several more localities and two states - California and Connecticut - passed similar laws. 14

15 Advocacy to Limit ICE Holds By the end of 2013, approximately twenty jurisdictions had limited detainer policies in place. Litigation played a role in some of these victories, but most were won politically, as a result of advocacy, organizing, and increasingly effective communications. Then, in the spring of 2014, three courts issued opinions questioning the legality of local holds based on ICE detainers. 15

16 Are ICE Holds Legal? Several recent decisions by federal courts have made clear that localities risk violating the Constitution when they hold people on ICE detainers. In Galarza v. Szalczyk, the Third Circuit held that: 1. Detainers are merely requests, not commands or binding orders from ICE 2. Local jails that hold on a detainer can be liable for violating Constitutional rights In Morales v. Chadbourne, the Rhode Island Federal District Court held that: 1. Holding someone on an ICE detainer is a new arrest 2. Detaining someone to investigate their status violates the Fourth Amendment In Miranda-Olivares v. Clackamas County, the Oregon Federal District Court held that: 1. The ICE detainer did not provide probable cause for arrest 2. It does not matter what the person s status actually is, if ICE doesn t provide probable cause 3. Clackamas County had unlawfully detained Miranda-Olivares and owed her damages 16

17 Parsing the Court Decisions All three decisions agree that: ICE detainers are requests, not mandatory orders, and that state/local law enforcement agencies can refuse to comply with them. ICE detainers trigger Fourth Amendment protections, and therefore must be supported by probable cause that the person in question has committed a violation for which a new arrest is warranted. State and local law enforcement agencies can be held liable for their role in violating the Fourth Amendment and subject to monetary damages if they hold people based on ICE detainers not supported by probable cause. 17

18 Parsing the Court Decisions The Courts did not say it is unconstitutional for ICE to issue detainers. They said it was unconstitutional for jails to hold people on detainers, when not supported by probable cause. The Court decisions affected local law enforcement behavior, not ICE/Border Patrol. The Courts did not say it is unconstitutional for localities to hold people on detainers in every single instance. The Courts did not say it is unconstitutional for localities to share information with ICE about a person s release date, so that ICE can pick them up upon their release. 18

19 As a result of recent efforts convincing sheriffs that their departments could be liable for damages if they hold people on ICE detainers Hundreds of sheriffs have recently refused to hold people on ICE detainers. There are now nearly 250 policies nationwide. 19

20 CRIMINAL ALIEN PROGRAM DHS ICE 287(g) SECURE COMMUNITIES 20

21 ACLU s Playbook in Recent Campaign Send letters to law enforcement outlining clear trend of recent court decisions, risk of liability for monetary damages. In some cases, approach all localities in entire state and state Department of Corrections. In other cases, approach more targeted group. Engage key influencers, e.g. state sheriffs association, county counsel association, attorney general. Follow up on letters to request meetings, demand responses, counter misinformation from ICE. Facilitate safety in numbers. Praise and pressure. 21

22 Recent Wave of Victories: What s So Remarkable? Rapidity of Change in Consensus Relative Ease with Which Widespread Change Accomplished Scope of Population Affected Political and Demographic Diversity of States Political Diversity of Sheriffs, and their Reasons for Joining Revolt Against ICE Holds Relatively Little Opposition from ICE HQ or Obama Administration 22

23 In Just a Few Months, We Created a New Normal Lead sentences from news articles same day last week, reporting on Sheriff announcements in Reno, Nevada and Tampa, Florida: Following similar actions by cities and counties nationwide, Washoe County Sheriff Michael Haley said Wednesday that people will no longer be kept jailed based solely on requests by federal immigration authorities. (Reno Gazette Journal) The Hillsborough County Sheriff's Office will no longer jail immigrants who are being investigated for deportation, a policy change that brings the agency in line with other local sheriff's offices. (Tampa Bay Times) 23

24 What s Limited About the Recent Wave of Victories? Most policies go only as far as legally necessary, shielding localities from liability, but reaffirming cooperation with immigration enforcement. Most policies only limit holding a person beyond their release, but don t limit information sharing or ICE access to jails. Nearly all policies only pertain to jail/prison practices, not policing practices in field or practices of other government agencies. No clear sense yet regarding how extensively ICE has been able to find workarounds enabling it to take custody through other means. Some of the victories have not necessarily built political power. 24

25 What s Limited About the Recent Wave of Victories? While revolt has been widespread, major unreformed pockets remain, including in places where immigrants are most vulnerable. 25

26 Achieving Local Policy Wins for Immigrant and Border Communities Visit to view latest report Turning a New Chapter in Community Policing in Doña Ana County, NM 26

27 Achieving Local Policy Wins for Immigrant and Border Communities Actions based on results of Abuse Documentation Campaign 27

28 Achieving Local Policy Wins for Immigrant and Border Communities After pressure and dialogue in the various municipalities in the County, we won political support to take it to the primary culprit, the Doña Ana County Sheriffs Office. The Sheriff refused to dialogue and ignored the requests on the petition. We had to take it to the Board of County Commissioners. 28

29 Achieving Local Policy Wins for Immigrant and Border Communities Taking advantage of Primary Election season, we organized a non-partisan forum with all but one candidate for Sheriff. We secured the commitment of all candidates for the conditions in the petition. 29

30 Achieving Local Policy Wins for Immigrant and Border Communities We set the tone by passing a resolution at the county level saying that it was inappropriate for any local law enforcement agency to ask about immigration status. 30

31 Achieving Local Policy Wins for Immigrant and Border Communities Photos by Carlos Javier Sanchez Sun-News After a lawsuit filed June 2013 by Paso del Norte Civil Rights Project representing BNHR Members, the county announces it will not honor ICE holds. Civil rights groups praise Doña Ana County decision to not honor immigration holds at jail By James Staley, Las Cruces Sun News, 6/17/

32 Achieving Local Policy Wins for Immigrant and Border Communities The next step was giving the resolution some teeth. Working closely with county attorneys, we were able to craft a new resolution with legally binding provisions that prohibit county employees from asking about immigration status and penalties for those that violate the law. 32

33 Achieving Local Policy Wins for Immigrant and Border Communities Jose Manuel Escobedo, BNHR Deputy Director,

34 The Policymaker Perspective Comments from the "Safe Communities" Resolution Sponsor Commissioner Wayne D. Hancock Doña Ana County Board of Commissioners [Immigrants] should not be afraid to report crimes or to be a witness to the crime. They should be able to speak freely with any county employee or any law enforcement without fear because of their status. My belief is that human rights of one affects the human rights of all of us. I support this issue strongly because everyone should feel safe in their community. 34

35 So What Can YOU do? The first step toward working on this issue is to survey your community. 1. Who is already working on this? 2. Who else is a likely ally? Then consider: 1. What are your goals? 2. Who can make those goals happen? (aka your target) 3. Who runs your local jail? 4. Who else is a likely target? 35

36 Meeting with Law Enforcement Step 1: Have a conversation with your coalition about criminal justice issues. Step 2: Identify your goals for a meeting with the Sheriff. (In most states, sheriffs run the jails). Step 3: Make a list of questions for your meeting. Step 4: If you are not an immigrant, make sure you let the directly affected immigrants speak for themselves. Step 5: FOLLOW UP! 36

37 RESOURCES ILRC has several guides to help you understand the background issues and take action. At you will find: Map of current policies Guide to the court decisions List of questions for law enforcement Background information on detainers, the Criminal Alien Program, and Secure Communities ACLU has offices in every state and can often provide legal support for advocacy. CLINIC s resources on Federal/State Enforcement Partnerships are found at: 37

38 287(g) Operation Streamline Border Enforcement Task Forces CRIMINAL ALIEN PROGRAM Operation Community Shield Worksite Raids Law Enforcement Support Center Border Patrol Fugitive Operations SECURE COMMUNITIES ICE 38

39 Questions? twitter.com/cliniclegal 8757 Georgia Ave., Suite 850 Silver Spring, MD facebook.com/cliniclegal Jen Riddle, Advocacy Attorney, 39