Category Archives: Immigration & Customs Enforcement (ICE)

DOL Shared Info With ICE

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According to reporters Shapiro and Davila, the Seattle Times first reported the agency’s practice Thursday, revealing that DOL was handing over personal information to federal authorities 20 to 30 times a month. The policy was surprising to many, given that Washington is among a minority of states to allow undocumented immigrants to get driver’s licenses.

 In another major shift announced in a news release Monday, DOL said it would use emergency rule-making to end its practice of collecting “information that isn’t mandated and could be misused,” specifically information on license applications about where a person was born.

The release did not say whether the application would continue to note the IDs a person used to obtain a license. Those IDs could include a foreign passport or other documents that might signal someone does not have legal status.

The agency also has accepted the resignation of Deputy Director Jeff DeVere. DeVere oversaw compliance with an executive order that Gov. Jay Inslee signed last year, designed to prevent state employees from helping federal officials enforce immigration laws — an attempt to thwart President Donald Trump’s approach to immigration enforcement.

Until questioned by The Seattle Times last week, Inslee’s office didn’t know the extent of DOL’s cooperation with the feds, according to his spokeswoman, Jaime Smith.

The response to the licensing department’s policy of cooperating with ICE was swift and furious. The governor ordered DOL to direct future requests from federal immigration officers to his general counsel. State lawmakers pledged to file a bill to ensure the practice was stopped.

Monday’s announcement from the department included an apology, and made clear that the offices of the governor and Attorney General Bob Ferguson had a hand in the changes.

“We support the Executive Order, but failed to meet the Governor’s intent regarding the protection of this type of information,” DOL Director Pat Kohler said in the news release. “We are sorry that our work did not align with our state’s values.”

She went on to say DOL “did not clearly communicate” the information federal law enforcement was requesting nor seek clarification with the governor’s office and the Legislature about how to handle those requests.

The agency also announced it would review its processes and computer systems with the governor’s and attorney general’s offices; hire a community liaison to ensure DOL practices “meet the needs of all Washington residents”; start a new hotline to answer questions about the issue; and educate agency staff on all policy and procedural changes and the governor’s executive order.

“The recent revelations about our state Department of Licensing’s failure to safeguard certain information from federal immigration officials has shaken and angered many communities” Inslee said in statement Monday. “It has angered me. I understand what’s at stake in getting this right, and the ramifications of what it means when we get it wrong,” the governor said. “I expect every employee in every one of my state agencies to understand this as well.”

Black & Undocumented

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Excellent article by Jeremy Raff of the Atlantic claims that although only 7 percent of non-citizens in the U.S. are black, they make up 20 percent of those facing deportation on criminal grounds.

The reason for higher deportation rates? Research suggests that because black people in the United States are more likely to be stopped, arrested, and incarcerated, black immigrants may be disproportionately vulnerable to deportation.

According to Raff, more than half a million black unauthorized immigrants in the United States—about 575,000 as of 2013. Last week, The New York Times reported that the presence of immigrants from Haiti and Nigeria, who together represent roughly 20 percent of the foreign-born black population, vexed President Trump. The Haitians “all have AIDS,” Trump said in a June meeting with his top advisers according to the Times, while the Nigerians would not “go back to their huts” after seeing America, he said. (The White House denied the comments).

“The criminal-justice system acts like a funnel into the immigration system,” said César Cuauhtémoc García Hernández, a University of Denver law professor who studies the nexus of policing and immigration law. New York University law professor Alina Das said black immigrants are “targeted by criminalization.”

Raff reports that while the Obama administration prioritized immigrants with felony convictions for deportation, President Trump’s executive orders effectively made anyone in the country illegally a target for removal. Arrests of non-criminals more than doubled, and among those who have been charged with a crime, the top three categories are “traffic offenses—DUI,” “dangerous drugs,” and “immigration,” which means illegal entry, illegal reentry, false claim to U.S. citizenship, and trafficking, according to ICE. In fiscal year 2017, almost 74 percent of people arrested by ICE had a criminal conviction—arrests the agency uses to argue “that its officers know how to prioritize enforcement without overly prescriptive mandates.”

But Hernández sees something different in the large number of criminal convictions among ICE detainees.

“Racial bias present in the criminal-justice system plays itself out in the immigration context,” he said. “There are so many entry points” to deportation, said Das, and “when you are a person of color who is also an immigrant, you face a double punishment.”

Raff also reports that a 2016 report by the NYU Immigrant Rights Clinic, where Das is the co-director, and the Black Alliance for Just Immigration found that although black immigrants represent about 7 percent of the non-citizen population, they make up more than 10 percent of immigrants in removal proceedings. Criminal convictions amplify the disparity: Twenty percent of immigrants facing deportation on criminal grounds are black.

Today, almost 10 percent of the black population in the United States is foreign-born, up from about 3 percent in 1980. As the number of black immigrants has grown, so, too, have the linkages between cops, courts, and the immigration system.

According to Raff, aside from ICE’s splashier arrests within so-called “sanctuary cities,” most apprehensions nationwide happen inside jails once an immigrant has had contact with local police. This collaboration is a result of decades of legislation and executive action by both Democrats and Republicans. Two years after the passage of his controversial crime bill, former President Bill Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act in 1996. Known as IIRIRA (pronounced “ira-ira”), the law expanded mandatory detention and the number of deportable crimes. As the federal inmate population doubled, prison-like immigrant-detention centers rose up in tandem.

Raff reports that in the early 1990s, there were around 5,000 immigrants detained each day; by 2001, the population quadrupled. And the Trump administration wants to keep that number growing: The president’s 2018 budget called for increasing the daily detainee population to 51,000, a 25 percent bump over last year.

“Additional detention space does make Americans safer,” argued Jessica Vaughan of the Center for Immigration Studies, a group that advocates for stricter enforcement. Detention also ensures that undocumented immigrants don’t “disappear into the woodwork,” Vaughan said. “The benefit of keeping illegal aliens in custody,” she said, is that “it prevents the release of criminal aliens back into the community to have the opportunity to reoffend.”

Raff reports that while the prison population has begun to dwindle in recent years—the incarceration rate fell 13 percent between 2007 and 2015—immigration detention remains “one of the fastest-growing sectors of the carceral state,” said Kelly Lytle Hernandez, a University of California, Los Angeles, historian who studies the origins of U.S. immigration control.

ICE’s Secure Communities program—which began under former President George W. Bush; was expanded, then killed, under his successor Barack Obama; then reinstated by Trump—provides local police with a national fingerprint database to check suspects for immigration violations. ICE can also deputize local law enforcement to make immigration arrests, a power authorized by IIRIRA. Some 60 law-enforcement agencies across 18 states participate in that program.

“Local police are some of the biggest feeders into the immigration-enforcement system,” said Will Gaona, the policy director of the American Civil Liberties Union of Arizona. “And that’s more true in Arizona”—where Gustave was picked up—“because of S.B. 1070.” That 2010 state law, which has since been emulated in dozens of states, requires police to ask about immigration status if they suspect someone is in the country illegally.

My opinion? Immigration and race relations certainly are hot-button topics in today’s administration. Hopefully,equitable decisions in the criminal justice system can be made which don’t unduly and/or specifically affect immigrants; regardless of their race.

Please contact my office you have a non-American friend or family member who faces criminal charges. Immigration issues play a huge factor in how criminal cases are resolved.

‘Sanctuary’ Cities Targeted by ICE in Immigration Raids

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Erik Ortiz reported that a federal operation to arrest undocumented immigrants netted nearly 500 people in cities and states that have openly opposed the Trump administration’s deportation initiatives.

According to Ortiz, Immigration and Customs Enforcement (ICE) officials said last Thursday that its four-day “Operation Safe City” targeted people in residing in the so-called “Sanctuary Cities” of New York, Los Angeles, Philadelphia, Denver, Washington and Baltimore as well as Cook County, Illinois; Santa Clara County in California’s Bay Area; Portland, Oregon; and Massachusetts.

Officials in those places — some referring to themselves as “sanctuary  communities” — have been vocal about not fully cooperating with federal immigration authorities, at times clashing with state leaders who support President Donald Trump’s agenda. Sanctuary communities have passed ordinances limiting compliance with federal immigration laws and seek to shield undocumented immigrants who may be deported simply over their immigration statuses or low-level criminal offenses.

“Sanctuary jurisdictions that do not honor detainers or allow us access to jails and prisons are shielding criminal aliens from immigration enforcement and creating a magnet for illegal immigration,” Tom Homan, ICE’s acting director, said in a statement. “As a result, ICE is forced to dedicate more resources to conduct at-large arrests in these communities.”

It is not unusual for ICE to round up immigrants by the hundreds or even low thousands, although the latest raid comes on the heels of a planned operation that would have targeted about 8,400 undocumented immigrants this month.

But the Department of Homeland Security scrapped the operation after the agency said it was halting nationwide enforcement actions in the wake of hurricanes Irma and Harvey. This latest effort indicates the administration is ready to renew its efforts.

“ICE’s goal is to build cooperative, respectful relationships with our law enforcement partners to help prevent dangerous criminal aliens from being released back onto the streets,” Homan said.

According to ICE, of the 498 people arrested this week, 317 had criminal convictions. Some were also categorized as “immigration fugitives,” “previously deported criminal aliens,” and/or associated with a gang.

Most of the criminal convictions were for driving under the influence as well as assault- and drug-related offenses, ICE said. Others were arrested for marijuana possession, traffic offenses and even charges of being a “peeping tom.”

City officials declared Portland a sanctuary city in March, and its mayor, Ted Wheeler, has criticized the Trump administration’s push to end the Obama-era program that has allowed undocumented immigrants who came to the United States as children to remain in the country.

The administration, meanwhile, has faced setbacks as it seeks to overhaul immigration — an issue that has failed repeatedly to gain traction in Congress. Weeks ago, a U.S. district judge in northern Illinois gave sanctuary cities a temporary victory, saying the Justice Department can’t withhold public safety grants to Chicago because officials there don’t want to impose certain immigration policies.

My opinion? As a criminal defense attorney, my role is to protect people’s Constitutional Rights under the Fourth Amendment. Therefore, I have a natural inclination to prevent warrantless, unlawful searches and seizures.

That said, I understand if the government declares a state of emergency holding that exigent circumstances warrants the immediate seizure and deportation of undocumented immigrants.

However, there’s lots of controversy surrounding the subject of ICE raids on Sanctuary Cities. Some civil rights advocates say the raids fit with the Trump administration’s pattern of scapegoating, criminalizing, and demonizing immigrants. Also, courts have said that holding someone without a warrant could violate their constitutional rights, putting jailers at risk of lawsuits. Finally, others have accused Trump’s attack on sanctuary cities as a malignant executive power grab that subverts the Spending Clause and tramples the 10th Amendment.

Let’s see what happens . . .



Alexander F. Ransom

Attorney at Law
Criminal Defense Lawyer

119 North Commercial St.
Suite #1420
Bellingham, WA 98225

117 North 1st Street
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Mount Vernon, WA 98273

Phone: (360) 746-2642
Fax: (360) 746-2949

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