Secure Communities in Washington, D.C. Prepared by the National Immigration Project of the NLG Contact: Paromita Shah, [email protected]

Secure Communities in Washington, D.C.

Prepared by the National Immigration Project of the NLGContact: Paromita Shah, [email protected]/10/10 1Prepared by NIPNLG

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 2Prepared by NIPNLG

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


4

Overview of the Criminal Justice System

START: Police

Stop/Arrest

Booking Into Jail After Arrest

Arrestee in Jail (Pre/Post Bail Hearing)

Bail/Custody Hearing

Criminal Charges & Disposition (plea/trial/dismissal/

sentence)

Post-Conviction (appeal, completion of sentence,

release from criminal custody, probation)

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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 287.73/10/10 5Prepared by NIPNLG

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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



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)



• 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


DC Offenses not sent to ICE1.Underage Drinking

2. Leaving after Colliding

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


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 delinquency of a minor (truancy, allowing a minor to drink alcohol)

Assault (including domestic violence)

Drug possessionSoliciting someone to joining criminal street gang


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.

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• 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



• 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”.

– 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


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


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



• 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


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


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 Roomwww.ice.gov


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


What’s happening in DC jail?

• DC DOC allows ICE to interview inmates (pre-trial 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


How Secure Communities Interact with the DC Criminal Justice System

START: Police

Stop/Arrest

Booking Into Jail After Arrest

Arrestee in Jail (Pre/Post Bail Hearing)

Bail/Custody Hearing

Criminal Charges & Disposition (plea/trial/dismissal/

sentence)

Post-Conviction (appeal, completion of sentence,

release from criminal custody, probation)

In DC jail, ICE conducts initial/additional interview of noncitizen. DC jail holds noncitizens on detainers until ICE picks them up.

In DC jail, ICE conducts initial/additional interview of noncitizen. DC jail holds noncitizens on detainers until ICE picks them up.

Judge grants bail. If bail is posted, detainer is triggered and noncitizen is not released for at least 48 hours.

Judge grants bail. If bail is posted, detainer is triggered and noncitizen is not released for at least 48 hours.

Detainer triggers judge to deny bail, OR

Detainer triggers judge to deny bail, OR

Using info from Secure Communities database check or jail interview, ICE issues detainer

At police station, MPD DC can give ICE place of birth and other booking bio info, which they use to ID noncitizens to interview

At police station, MPD DC can give ICE place of birth and other booking bio info, which they use to ID noncitizens to interview

Checks in FBI & Secure Communities databases to ID noncitizens in system EXCEPT for 21 offenses and juveniles (except for juv treated as adults)

Checks in FBI & Secure Communities databases to ID noncitizens in system EXCEPT for 21 offenses and juveniles (except for juv treated as adults)

DC MPD may informally question detained people re immigration status, report to ICE

DC MPD may informally question detained people re immigration status, report to ICE

MPD DC can check National Crime Information Center (NCIC) database for immigration law violators

MPD DC can check National Crime Information Center (NCIC) database for immigration law violators

During or shortly subsequent to interview, ICE initiates paperwork for removal process (e.g., stipulated removal, NTA, expedited removal, referral for illegal reentry prosecution). Prosecutor uses detainer to call ICE.

During or shortly subsequent to interview, ICE initiates paperwork for removal process (e.g., stipulated removal, NTA, expedited removal, referral for illegal reentry prosecution). Prosecutor uses detainer to call ICE.

In DC jail, ICE interviews noncitizens. Completion of sentence and release triggers immigration detainer; noncitizen goes into ICE custody/detention (transferred to Virginia ICE IGSA facilities)

In DC jail, ICE interviews noncitizens. Completion of sentence and release triggers immigration detainer; noncitizen goes into ICE custody/detention (transferred to Virginia ICE IGSA facilities)

Referral to US attorney for illegal reentry prosecution

Referral to US attorney for illegal reentry prosecution

Modified from ICE ACCESS presentation on on 3/4/2010 from DWN, IDP, NIPNLG, RWG, NILC, WSDIP


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


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”


DCMPD on SC

• SC is part of their community policing initiatives (see DCMPD SC flyer)

• Rejects characterization of SC as police-immigration 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


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


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


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


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.


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?”


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


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


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)


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.


Need a KYR presentation?

Call the Equal Rights Center at 202-370-3226.


Documents

Secure Communities in Washington, D.C. Prepared by the National Immigration Project of the NLG Contact: Paromita Shah, [email protected]