Transcript Slide 1

Secure Communities
in Washington, D.C.
Prepared by the National Immigration Project of the NLG
Contact: Paromita Shah, [email protected]
3/10/10
Prepared by NIPNLG
1
What is Secure Communities?
• Secure Communities is an Immigration and
Customs Enforcement (ICE) program that
operates in our criminal justice system
– Allows state/local law enforcement and ICE to
automatically and immediately search for a
person’s criminal and immigration history in DHS
and FBI databases.
3/10/10
Prepared by NIPNLG
2
Who else has Secure
Communities
• By November 2009 S-Comm was operational
in 106 jurisdictions in 9 states:
• Goal is to have S-Comm operational in each of
3,100 state & local jails by 2013
• Chief Lanier signed an agreement with ICE in
November 2009 to launch S-Comm
3/10/10
Prepared by NIPNLG
3
Overview of the Criminal Justice System
Booking Into
Jail After Arrest
Arrestee in
Jail (Pre/Post
Bail Hearing)
Bail/Custody
Hearing
START:
Post-Conviction
(appeal, completion of sentence,
release from criminal custody,
probation)
Police
Stop/Arrest
3/10/10
Criminal Charges & Disposition
(plea/trial/dismissal/
sentence)
Prepared by NIPNLG
4
Immigration Detainers
•
What are the goals of the Secure Communities program?
–
–
–
•
(1) identify noncitizens
(2) lodge detainers
(3) then, usually, ICE custody or deportation
Detainer is primary tool used by ICE to facilitate transfer
of person from criminal to ICE custody and deportation
–
But ICE practices and policies about detainers are
confusing and arbitrary
INA § 287; 8 CFR 287.7
3/10/10
Prepared by NIPNLG
5
5
What is an Immigration Detainer?
• A notice to the jail or police that ICE is
interested in this person; used to track a
noncitizen throughout the criminal process
– Usually, turns up as a Form I-247 (next slide)
• In practice, detainer prevents the person’s
release from criminal custody
3/10/10
Prepared by NIPNLG
6
6
3/10/10
Prepared by NIPNLG
7
7
How SC works: Step 1
DC MPD takes fingerprints at booking after
arrest.
• Hands placed on a fingerprint pad and
electronically scanned.
• DC MPD will take fingerprints of everyone
who is arrested (except where MPD DC
doesn’t take fingerprints)
3/10/10
Prepared by NIPNLG
8
How SC works: Step 2
• MPD forwards fingerprints of arrestee to
DHS and ICE databases
• MPD will automatically forward all
fingerprints EXCEPT:
1. Arrestees’ fingerprints who are charged with one
of 21 offenses (see next slide)
2. Juveniles’ fingerprints, UNLESS they are
transferred to adult court
• MPD will not notify the arrestee that their
fingerprints are going to ICE
3/10/10
Prepared by NIPNLG
9
DC Offenses not sent to ICE
1.Underage
Drinking
3. 30 MPH
Over the
Speed Limit
4. Panhandling
5.Unregistered
Auto
6. Vending
Violations
7. Driving Under the
Influence of Liquor or
Drugs (DUI)
8. Indecent
Proposal
9. Insufficient
Identification
(Failure to
Make ID
Known)
10.Disorderly
Conduct
11. No Permit
12. Misrepresentation of
Age to Enter ABC,
Establishment (Fake ID)
13. Driving
While
Intoxicated
(DWI)
14. Operating
After
Revocation
(OAR)
15. Operating
After
Suspension
(OAS)
16. Refusal to
Submit (DUI)
17. Possession of Open
Container of Alcohol
(POCA)
18. Reckless
Driving
19. Driving
with Altered
Tags
20. Failure To
Obey (FTO)
21. Drinking
in Public
3/10/10
2. Leaving
after
Colliding
Prepared by NIPNLG
10
Step 2 cont’d offenses
– EVERY OFFENSE but the 21 offenses
– Examples of offenses that will lead to
fingerprinting
–
Trespassing
Theft, including joyriding
Contributing to the
Assault (including domestic
delinquency of a minor
violence)
(truancy, allowing a minor to
drink alcohol)
Drug possession
3/10/10
Soliciting someone to joining
criminal street gang
Prepared by NIPNLG
11
What happens to DV victims?
• If the batterer is arrested for any of the above
exempted charges the fingerprints will not be
forwarded to ICE. However, if the batterer is
arrested for any other domestic violence
related charge (for example: simple assault,
destruction of property, trespassing, sexual
abuse, threats), the fingerprints will be
forwarded to ICE.
3/10/10
Prepared by NIPNLG
12
How SC works: Step 3
• Program automatically searches DHS and FBI
databases for immigration and criminal
history, looking for a “hit”:
– FBI: Integrated Automatic Fingerprint
Identification System
– Automated Biometric Identification System
(IDENT)
– Immigrant Status Indicator Technology (US-VISIT)
Program
3/10/10
Prepared by NIPNLG
13
How SC works: Step 4
•
If the arrested person is matched to a database
record indicating an immigration violation, the
system will automatically notify ICE & local law
enforcement that there is a “hit”.
–
–
•
3/10/10
ICE may want to interview arrestee to determine if the
person is a noncitizen (phone, video, telephone);
Undocumented persons w/no immigration history are
not likely to generate a hit in the database
If the search results are unclear, ICE may attempt
to interview arrestee to see if the person is a
noncitizen
Prepared by NIPNLG
14
How it works: Step 5
• ICE evaluates each “hit” to determine what,
if any, enforcement action will be taken
– In most cases, ICE will issue a “detainer”: A
detainer is not an order; it is a mechanism that
lets MPD or DC Jails know that ICE is interested in
a person and requests them to hold the person
for 48 hours after
•
•
(1) the criminal matter has ended (dismissal,
conviction, or charges dropped) OR
(2) you have posted bail
– ICE usually issues a detainer within 4 hours of
receiving fingerprints
3/10/10
Prepared by NIPNLG
15
Step 5 cont’d
• What other “enforcement actions” can ICE
take?
– ICE arrest and detained in ICE facility
– Get information from DC jail or DCMPD about the
criminal case so they can pick you up during the
criminal case (even if has posted bail)
– A detainer could also result in ICE contacting or
picking up the arrestee
3/10/10
Prepared by NIPNLG
16
How SC works: Step 6
• What will DC MPD do if ICE asks for
assistance?
– Although DC MPD is not required to grant these
requests, DC MPD has not stated how it will
respond
– ICE can ask DC MPD to:
• Forward information about the arrestee (booking,
arrest records, police reports)
• Facilitate ICE interviews of arrestee
• Inform ICE about any release decisions
3/10/10
Prepared by NIPNLG
17
Who is the target of SC?
• ICE says it prioritizes enforcement strategy
against “criminal aliens”; uses Level strategy
• Enforcement actions are pre-conviction
• Level 1: major drug offenses & violent offenses such as
murder, manslaughter, rape, robbery, and kidnapping
• Includes resisting a police officer
• Level 2 :minor drug offenses & mainly property offenses
such as burglary, larceny, fraud, and money laundering
• Includes traffic offenses
• Level 3 –: other offenses.
ICE website and Standard Operating Protocol
3/10/10
Prepared by NIPNLG
18
Other Level I offenses
– ICE states it lodges detainers and will pick up
individuals charged with Level 1 offenses: Homicide,
Rape, Kidnapping, Sexual Assault, Robbery, Ag
Assault, Threats, Extortion, Sex Offenses, Cruelty
towards Children, Resisting an Officer, Weapon, Hit
and Run, and Drugs (>1yr– even if all suspended)
– Problem: Not all offenses here are felonies
ICE Standard Operating Protocol- available at ICE Electronic Reading Room
www.ice.gov
3/10/10
Prepared by NIPNLG
19
S-Comm: ICE Statistics
• In first year of S-Comm (Oct. 08-09):
–Over 825,000 fingerprint submissions
–Approx. 111,000 “hits” for persons with both
immigration history and record of prior conviction
or charge.
• 9% of hits were level 1
• 86% of hits were level 2 or 3
• 5% of hits were U.S. citizens
3/10/10
Prepared by NIPNLG
20
What’s happening in DC jail?
• DC DOC allows ICE to interview inmates (pretrial and post)
• We don’t know much about ICE’s access to the
jail
– 5% of the inmates are noncitizens
– A small percentage have detainers
– But we expect detainers to increase
3/10/10
Prepared by NIPNLG
21
In DC
jail, ICE
conducts
How Secure Communities Interact with the DC Criminal
Justice
System
At police station, MPD DC
Using info from
initial/additional
can give ICE place of birth
Secure
interview of
and other booking bio info,
Communities
noncitizen. DC jail
which they use to ID
database check or
holds noncitizens on
noncitizens to interview
jail interview, ICE
detainers until ICE
issues detainer
Booking Into
Jail After Arrest
Arrestee in Jail
(Pre/Post Bail
Hearing)
During or shortly
subsequent to
interview, ICE initiates
paperwork for
removal process (e.g.,
stipulated removal,
picks them up.
NTA, expedited
removal, referral for
illegal reentry
prosecution).
Criminal Charges & Disposition
Bail/Custody
Prosecutor uses
(plea/trial/dismissal/
Hearing
detainer to call ICE.
sentence)
Checks in FBI &
Secure
Detainer
Communities
triggers judge to Judge grants bail. If bail
databases to ID
Referral to US
is posted, detainer is
deny bail, OR
noncitizens in
attorney for
triggered and
system EXCEPT
illegal reentry
noncitizen is not
for 21 offenses
prosecution
released for at least 48
and juveniles
hours.
: (except for juv
Police
treated as adults)
Post-Conviction
Stop/Arrest
DC MPD may informally
(appeal, completion of sentence,
question detained
release from criminal custody,
MPD DC can check
people re immigration
probation)
National Crime
status, report to ICE
Information Center
In DC jail, ICE interviews noncitizens. Completion of
(NCIC) database for
sentence and release triggers immigration detainer;
Modified from ICE ACCESS
presentation on on 3/4/2010 from
immigration
noncitizen goes into ICE custody/detention (transferred
3/10/10 law
Prepared by NIPNLG
22
DWN, IDP, NIPNLG, RWG, NILC,
WSDIP
violators
to Virginia ICE IGSA facilities)
START
What’s wrong with S-Comm?
• ICE’s willful blindness to racial profiling and pretextual
arrests.
– Lack of complaint mechanisms.
– No training required
• Lack of oversight and transparency.
– DHS has not issued any regulations for any aspect of S-Comm.
– Cannot track whether it is doing it’s job
• Lack of data.
– None of ICE’s public information regarding S-Comm has included
any requirements for data collection, audits or oversight.
• Arrestee doesn’t know the immigration
consequences of the arrest and doesn’t know that
DCMPD is forwarding his fingerprints to ICE
3/10/10
Prepared by NIPNLG
23
DCMPD’s policy on ICE-police
collaboration
Stated policy:
• Limited to “enforcement of criminal laws
related to immigration”
• Will provide “crowd and traffic control
support” for ICE operations
• “Not in the business of enforcing civil
immigration laws”
3/10/10
Prepared by NIPNLG
24
DCMPD on SC
• SC is part of their community policing
initiatives (see DCMPD SC flyer)
• Rejects characterization of SC as policeimmigration collaboration
– Part of a national strategy to stop terrorist attacks
– Says it targets serious criminals
• Rejected request to include auditing
procedures to see if it was targeting serious
criminals or hurting community policing
3/10/10
Prepared by NIPNLG
25
Why is SC bad for DC?
• Results in ICE-police collaboration bc MPD will
allow ICE access to arrestees (before they have
been convicted)
– Not limited to “immigration related offenses”
• Undermines community policing and breaks
trust of communities in the police
• No oversight mechanisms are in place to
ensure that SC is doing its job
3/10/10
Prepared by NIPNLG
26
Why is SC bad for DC?
• More liability for DC (includes arrests of US
citizens)
• Reports of ICE programs that focus on
arrestees have resulted in more racial profiling
– TX study shows that arrestees with detainers
spend more time in jail that citizens on the same
charge
3/10/10
Prepared by NIPNLG
27
Know Your Rights
• Who is High Risk?
– Noncitizens with prior deport orders
– Noncitizens who violated their visa
– Noncitizens (including green card holders) with
criminal conviction
• Why? Because they all have had contact with
immigration before
3/10/10
Prepared by NIPNLG
28
Magic Words
• Am I free to leave?
• I am going to remain silent.
• I do not consent to a search.
• I want to talk to a lawyer.
3/10/10
Prepared by NIPNLG
29
If you are stopped on the street
• Be cool and calm.
• You have the right to an interpreter under DC
Language Access Laws
• Don’t speak or answer any questions, unless
you have an attorney present. DC MPD cannot
ask questions about your immigration status
• Ask: “Am I free to go?”
3/10/10
Prepared by NIPNLG
30
On the street cont’d
• If you are not free to go, then you are being
detained for an offense.
• You have the right to remain silent. Remember
the magic words
• You have the right to an interpreter
3/10/10
Prepared by NIPNLG
31
In the jail
• Don’t talk to ICE (esp at booking)
• Don’t sign anything
• If you do not understand questions, ask for an
interpreter (DC Language Access)
• You have the right to speak with your lawyer
• You have a right to call your consulate
3/10/10
Prepared by NIPNLG
32
In Jail cont’d
• If you have an ICE detainer placed in your case
file,
– Ask for a copy of your detainer and alert your
public defender or attorney to an immig issues
– ICE should pick you up within 48 hrs (excluding
wknds and fed holidays) as soon as your criminal
case has been completed (e.g. dismissed,
dropped, convicted) OR you have posted bond
– If they don’t, they are holding you illegally. (This
means you can sue. Ask for a habeas)
3/10/10
Prepared by NIPNLG
33
Filing complaints
• If you feel like your rights have been abused,
call the Equal Rights Center at 202-370-3226.
• Examples:
– Asking for your immigration status
– Officer stopped or detained me using racial or
ethnic profiling.
– Officer questioned passengers in my car about
their immigration status.
– Police arrested me and then dropped criminal
charges, leaving only immigration charges against
me.
3/10/10
Prepared by NIPNLG
34
Need a KYR presentation?
Call the Equal Rights Center at 202-370-3226.
3/10/10
Prepared by NIPNLG
35