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jenn carrillo

on 23 September 2012

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Transcript of immigration

ICE is stepping it up!
YOU! Latinos United for Change de IPA presents: IMMIGRATION Immigration System what you should know Bloomington-Normal Latino Community The numbers:
5,000 Latinos in McLean (2000 Census)
Documented and Undocumented: more likely 8,000-10,000 in BN alone

Population growth
Most occurred between 1990 and 2000 The Immigration Situation: Nationally Approximately 12 million undocumented immigrants But, today… is there realistically a way to migrate legally to the US? Let’s take a look… All sides agree that
illegal immigration is a problem Expands the profitable human smuggling industry
Leads to increasing numbers of deaths of migrants due to brutality, exposure and drowning
Causes exploitation of undocumented workers in the U.S.
No way of knowing how many are in the US and what services are needed How many times have you heard ... “Illegal immigrants need to learn English and get in line!” Demographics
Mexican or Guatemalan descent
Almost all families
High birth rate
Low divorce rate
Blue Collar; Low income IMMIGRATION ISSUES
For an undocumented person being booked for a minor offense, which would normally result in a few hours in jail, may instead lead to months of detention followed by deportation Request from Immigration and Customs Enforcement (ICE) to local law enforcement officials.
Asks local officials to detain an individual, after he or she is eligible for release.
Request that local enforcement agency keep the person in custody for 48 hours longer than they otherwise would, in order to facilitate transfer to ICE. 8.The person may be taken to one of three county
jails in Illinois that have contracts with the
federal government for processing. 6. The sheriff’s department and jail I’ve heard of Secure Communities,
Is this the same thing? The short answer: NO

McLean County is not enlisted in Secure Communities
In secure communities, local law enforcement uses biometrics and an electronic database to report directly to ICE What an ICE Hold is Indication of undocumented or unlawful status
Evidence of removability or evidence that a person is deportable from the US
Authorization for ICE custody
Clear indication that ICE will take custody
Clear indication that ICE will initiate removal proceeding
The equivalent of a judicial warrant or a criminal detainer supported by a warrant
An arrest warrant (in most cases)
Probable cause of a crime or immigration violation
Evidence that a noncitizen has been deemed a danger to the community or a flight risk
A mandatory order does ICE issue detainers? Most detainers are issued with the box checked saying that ICE has: Why should we care about ICE Holds?
Police as conduit to deportation ruins trust
Undocumented people unlikely to cooperate
Effective and just law enforcement requires a Why should we care about ICE?
As a result, state and local police are very often the entry point into detention and deportation. $1.7 billion What has changed in
McLean County?
Change in policy
Before: ICE was not always contacted
Now: No discretion; ICE is always contacted regardless of how minor the booking offense is. 3. Immigrant gets taken to McLean County Detention Facility
The current jail policy requires ICE to be contacted for all individuals born outside the U.S., regardless of the offense. (Pantagraph, May 1st)
The sheriff said the step was necessary to verify the identity of arrestees... (Pantagraph, May 1st) can get a detainer? Anyone ICE has reason to believe is subject to detention for removal. That means…
Undocumented immigrants
Legal Permanent Residents
Other persons with valid immigration status
And when they make mistakes, even U.S. Citizens! When our local law
enforcement acts as ICE… ...McLean County bears the burden. Galarza v. Szalczyk
Quezada v. Mink
Melendrez-Rivas v. Martin
Cacho v. Gusman
Harvey v. City of New York
Uroza v. Salt Lake County
Rios-Quirroz v. Williamson County
Comm. for Immigr. Rights of Sonoma County v. County of Sonoma
Ramos-Macario v. Jones
Ramirez-Mendoza v. Maury County
$90,000/6 = $15,000 < ~$19,000
“McLean County has been paid almost $90,000 since 2006 by
the federal government to house inmates for the 48 hours they
are held until immigration officials arrive. One person was
released after ICE missed the deadline, said Emery.” Additional Costs New policy means new training and additional clerical and data entry tasks for staff

Additional social services and child welfare costs
An estimated 5,000 children are in foster care because their parents have been detained or deported (Applied Research Center) Posting Bail For people with ICE holds, posting bail results in their immediate transfer to ICE

In response, those individuals simply don’t post bail, resulting in longer stays in jail Jail Space
Overcrowding Legal Issues Possible legal actions against the county as a result of:

Individuals being held beyond the 48hr. expiration for ICE hold request

A U.S. citizen being mistaken as undocumented and arrested ICE Immigration and Customs Enforcement Largest investigative arm of the Department of Homeland Security Their Goals: identify detain deport 380,000 people July 8 - Oct. 15, 2011 5.82 billion for 2011. ICE is everywhere. Expanded information-sharing technology Monstrous budget 63 people detained in McLean County In particular, ICE has increasingly Many charged for driving with license or other routine traffic violation co-opted the criminal justice system Many were never convicted of a crime Vast majority were of Latino descent This is where ICE holds come in… Public Safety EVERYONE not just undocumented people The cost per-inmate per-day is
estimated at $47.50. -------bright line------- between local police and ICE What is an ICE hold? Why “Decisions on whether an individual will be picked up by immigration are made by ICE and not shared with us” Initiated an investigation to determine
whether this person is subject to removal. -McLean County Sheriff, Mike Emery
The Pantagraph, May 1st - “Latino groups rally to protest sheriff's detention policies”, The Pantagraph, 01 May 2012 NOT: ICE ACCESS Consists of thirteen different programs, including Secure Communities and The Criminal Alien Program

The purpose of these programs is to give counties and local jails incentives to help ICE

Strong possibility that McLean County in enlisted in one such program Who The long answer: Practically speaking, there’s not much of a difference…

The use of ICE holds makes the relationship more indirect
But, our law enforcement agency still serves as a pass-through of information to ICE “In America, we don’t detain people without probable cause… But these detainers are not based on probable cause and they have been imposed on US citizens, including veterans, by mistake…”

–Commissioner Jesus Garcia Now, that we’ve settled that the U.S. Constitution does indeed apply to all people

Let us continue. But Wait! Argument 2:

ICE Hold Requests Violate Constitutional Rights “United States citizens charged with crimes are released on bail every day. There is no justifiable reason to treat people’s criminal cases just because they are suspected of having civil immigration issues. The county has no authority to enforce civil immigration laws. Immigration enforcement is ICE’s job.”

– Bill Sponsor, Supervisor Shirakawa Argument 1:

Differential treatment of immigrants
in the criminal justice system. This portion of the presentation is, in part, based on the testimony
Adam Schwartz,
a staff lawyer at the
ACLU of Illinois Who can help us fix this problem? Law enforcement agencies should be aware that questions about the legality of 48hr detentions are unresolved There are serious concerns about the legality of imprisoning a person for 48hrs without ANY determination that there is probable cause to believe the person is subject to detention and removal. The Legality of Ice Hold Requests ICE Detainers:
Violations of 5th Amendment “No person shall …deprived of life, liberty, or property, without due process of law…”
This is not a warrant from an independent judge.

It’s not even an ICE agent’s finding of probable cause.

Instead, it’s a nebulous standard requiring an unknown amount of evidence.

Much more should be required before ICE detains someone for 48 hours – or for five days (holiday weekends). ICE Detainers:
Violations of the Fourth Amendment Fourth Amendment of the U.S. Constitution: ICE Detainers:
Violations of Civil Liberty
ICE detainers invade the civil liberties of the thousands of people subjected to continued detention.

Individuals are seized and held without any warrant or probable cause, and are allowed no hearing to challenge their detention. Supreme Court: Yick Wo v. Hopkins 1886
Overturned the criminal conviction of a Chinese citizen living in California
Law violated 14th Amendment rights Don’t believe me? Here are some direct quotes from the Supreme Court! The rights of the petitioners, as affected by the proceedings of which they complain, are not less because they are aliens. . . .

The fourteenth amendment to the constitution is not confined to the protection of citizens.

It says:  “Nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

These provisions are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality Glad you asked! They do indeed… The constitution not only applies to U.S. citizens
The constitution restricts the actions of the Government with respect to both American citizens and foreigners.  A little known fact!

Illegal Immigration is a violation of civil law,
NOT a violation of criminal law. The ACLU also works to extend rights

If the rights of society's most vulnerable members are denied ... The ACLU
These rights include:
Your right:
to equal protection under the law - protection against unlawful discrimination.
due process - fair treatment by the government whenever the loss of your liberty or property is at stake. What’s the difference? Criminal Law 1. The plaintiff is always the state or
federal government.

2. Punishment may be fine and/or
imprisonment. Civil Law 1. Both parties may be anybody,
including governments, corporations and

2. The loser in a civil case cannot be
imprisoned, even if he or she cannot pay
the damages. Preserves the individual

that the Constitution and laws of the United States guarantee everyone in this country. rights and liberties Okay, so…
what IS
currently happening
in McLean County? to segments of our population that have traditionally been denied their rights. ...everybody's rights are imperiled.  1. Undocumented person is engaged by the police 2. NPD or BPD or Sheriff’s Dept. ask for State ID 4. McLean County Detention Facility contacts ICE (a.) Immigration representative talks with the person over the phone about the alleged offense, but does not issue a detainer request.

(b.) ICE issues an ICE detainer request 7. The person is held at the jail for up to 48 hours
to allow federal agents to pick him or her up. comply with the ICE detainer request 5. ICE takes action 2007
Congress funded and mandated ICE to “improve and modernize efforts to identify aliens…who may be deportable…”
ICE ACESS initiative
13 programs (including Secure Communities, Criminal Alien Act)

Efforts to ID, detain and remove Critical purpose of the Fourth and Fifth Amendments is to protect people from wrongful detention. “The right of the people to be secure …against unreasonable searches and seizures” “No warrants shall issue, but upon probable cause…” ICE detainers invade our Fourth Amendment right to be free from unreasonable seizures According to the ICE detainer form, a detainer may rest upon the mere “initiation of an investigation” by an ICE agent. 5th Amendment ICE detainers invade our Fifth Amendment right to a hearing before being deprived of our liberty. ICE has not provided a method for detainees to be heard by an independent judge.
ICE has also failed to notify detainees of their right to hire private counsel, of their right to remain silent, and of the availability of local free private counsel. Mike Emery - Mclean County Sheriff Responsible for adjusting jail policy
Has not addressed this issue publicly “Emery said jail staff would contact
U.S. Immigration and Customs Enforcement
on any person born outside the country
who was booked into the jail.” ($47.50/day) X (2 days) = $95 ($95/inmate) X (63 inmates) = $5,985 ($5,985/four-month period) X (3) = $18,955/yr. Sheriff ICE Mandatory
Voluntary? “The McLean County Adult Detention Facility receives all custodies arrested in McLean County by all law enforcement agencies and authority for such detention is provided for 730 ILCS 125/4 (from CH. 75, par. 104) Sec. 4, which states: “the warden of the jail shall receive and confine in such jail, until discharged by due course of law, all persons committed to such jail by any competent authority”.” Letter from Sheriff Mike Emery
to Sonny Garcia of L.U.C. Many local authorities misinterpret the ICE hold requests as binding. Unfortunately...
“Is an ICE detainer a request or a requirement?” But ICE holds are undoubtedly As confirmed by federal courts and ICE itself, ICE holds are “requests.”

Local officials can–and do–decline to submit to ICE holds.

“Local Law Enforcement are not mandated to honor a[n ICE] detainer, and in some jurisdictions, they do not.”

– Patrick T. Driscoll, Deputy State’s Attorney, Cook County, Illinois In all fairness,
there’s been widespread confusion about form I-247… In August 2010, ICE released a new detainer form that characterizes the detainer as a “request to detain”. “Temporary detention at Department request: Title 8 Of Code of Federal regulations Part 287.7A Other counties have made the right choice...
Taos and San Miguel, New Mexico
San Francisco and Santa Clara County, California
Cook County, Illinois Constitutional Limits
on ICE detainer requests The federal government
force localities to submit to ICE holds
--even if it wanted to. voluntary of cooperation requests "The detainer is a that such agency advise the Department, prior to release of the alien, in order for the Department to arrange to assume custody…” request Part 287.7B
“The longer processing times for Hispanic defendants seems
likely to reflect (to some degree) the effect of immigration status
on pretrial or presentencing release from custody.” - Dr. Frank Beck, Report to the County Criminal Justice Coordinating Council Upon determination by the Department to issue a detainer for an alien not otherwise detained by a criminal justice agency, Undocumented status, on average,
leads to longer stay in jail such agency shall maintain custody of the alien
for a period not to exceed 48 hours… in order to permit assumption of custody by the department”. This a change from the previous I-247 form. Our Bro ken “ICE detainers are… a voluntary request of a law enforcement agency to cooperate with ICE.” “My ancestors were immigrants, but they followed the law and did it LEGALLY!” -ICE, FOIA 2674.017695 Answer:
“It is a request. There is no penalty if they don’t comply.” -ICE, FOIA 2674.020612, Briefing to Congressional Hispanic Caucus I'm pro LEGAL immigration “If illegal aliens want to work and drive and study, why don’t they just get legal?” ICE HOLDS MANDATORY ARE NOT This would be a federal command that local officials use their own money and resources to detain individuals for suspected violations of federal civil immigration laws. A command like that would constitute unconstitutional “commandeering” of local officers by the federal government. that ICE hold requests
are NOT mandatory If the sheriff is We have demonstrated clearly and beyond doubt choosing to honor ICE hold requests, this is a CHOICE that he should, at the very least, take responsibility for... many many many as it is causing suffering for families in our Part 1: How did we get here? what is "here"? many many many families for community in our ICE HOLDS VIOLATION CIVIL LIBERTIES ARE A OF 9.Once there, they could be deported, agree to
voluntarily leave the country or be released
on bond until future proceedings. Do the rights guaranteed by the U.S. Constitution apply to non-citizens?? communities Immigration detainers are routinely used without any judicial determination that a person is in the country illegally, and are frequently applied to people who have committed no immigration violations Criminal Justice Coordinating Council Argues that it is not an appropriate forum to discuss this policy
Bylaws clearly state: Adjustment of Status If they are not immediately disqualified, many undocumented immigrants will be unable to file given the costs of this application

Cost: $985+Biometrics ($85) (non-refundable)
Immigration attorney:
An immigration attorney may charge an hourly rate of $100-$300 
or a flat fee covering specific services
Some immigration attorneys charge $75-$150 for an initial 20-30 minute consultation

And that’s just the cost of the first application... Adjustment of Status Paths to legal residence for undocumented immigrants already in the US:
??? A common question…

I was brought to the US undocumented when I was a child and have lived here since.

I am willing to do anything to obtain legal status.
How can I get in line and start the naturalization process??
….But what about people who are already here? 3. The legal paths also cost a lot of $$$
Undocumented immigrants presumably migrate because of economic hardships—clearly, they don’t have that kind of money

4. Our present immigration system does not allow circular migration
In the past, circular migration was more common.
Heads of households worked for months or years in the U.S. and then returned home to visit their families.
However, strict immigration policies and the dangers associated with border crossings have led to increases in migrants staying permanently and bringing their families to accompany them Comprehensive immigrant advocates call for
"comprehensive immigration reform”
that gives legal paths to people
who are already a part of
our society and economy
and provides opportunities
for future immigration. Adjustment of Status You MAY NOT file for adjustment of status if…
You entered the US without a visa
Your authorized stay expired before you filed this application
You were employed in the US without USCIS authorization
This immediately disqualifies most undocumented immigrants that are already here. 2. The legal paths that do exist take years to navigate, due to bureaucratic backlogs and visa limitations
For example:
A Lawful Permanent Resident (LPR) trying to bring a spouse or child from Mexico must wait 4-7 years.
An LPR trying to bring a brother from the Philippines must wait up to 23 years
A U.S. citizen petitioning for either a married (3rd preference) or unmarried (1st preference) son or daughter from Mexico can expect to wait about 18 years.
Applications for visas or “green cards” from Mexicans made in 1992 are just now being processed.
For Mexicans who apply today, the predicted wait is fifty to 70 years
People do not have that time if unemployment, starvation and desperation drive them to migrate! Our Immigration System is Broken: WHY? 1.) When it comes to legal immigration, there is no line!
No matter how much a person would like to come legally to the United States, there are no legal paths to immigrate for most low-skilled workers “The role of all council members to become agents of change, to provide leadership in communicating the need for self examination and participation in data gathering efforts, and to be open to monitoring program implementation and evaluating policy decisions.” YOU! The Solution: Reform Immigration and last but not least ... MCLEAN COUNTY IN TAKEAWAY THE Testimony: MARIA to achieve its immigration enforcement goals. Testimony: DEBRA We’ve talked about how hard it is to migrate legally.

3. Immigrants benefit our country, society and economy in a number of ways 1. Immigration is the unintended harvest of the U.S. empire 2. Immigration myths are just that - myths. 6. ICE holds are requests for voluntary cooperation - there is nothing binding the sheriff to honor them 4. There is virtually no way for unskilled workers to legally migrate to the U.S. 5. There is no way for someone already here to fix their status. And, above anything else, this is a 7. ICE holds overburden local law enforcement with unnecessary costs, extra responsibilities and more prisoners 8. ICE holds are a violation of civil liberties MORAL issue.
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