In Response to National Criticism, ICE Announces New Detainer Form

In a recently released media alert, ICE has presented new features to the ICE immigration detainer (Form I-247). Detainer requests are the device ICE uses to request local jails to hold people beyond their local sentence in order for ICE to then pick them up and place them in detention. The new form, and press release, may be in response to the national criticism of their Scomm (Secured Communities) program. Counties such as Santa Clara County and Chicago have lead the charge against ICE’s detainer policies.

 

The new features may represent positive impact for counties across the United States, if actually enacted. Here in Santa Clara County, the Santa Clara coalition against SCOMM has been working hard in advocating for all immigrants that could be impacted by detainers. We also see the same hard work being done in countless counties across the nation. This new ICE detainer form has potential in shifting who will eventually get deported and who will not in other counties – again depending on how counties and states respond to the announced changes, and how sincere ICE is in these changes. First off, the document does state that the detainer request form is in fact a request. Many county officials across the county did not know that a detainer is an actual request, rather erroneously thinking it was legally mandatory. And in an interestingly worded statement, the press release states that “the new form allows ICE to make the detainer operative only upon the individual’s conviction.” ICE, through SCOMM, currently sends people into detention regardless of conviction or not. Another interesting part of the form is that they have now incorporated a hot-line one could call to lodge a complaint or any issues that one may have with their hold, although I wouldn’t trust a hot-line made by the same department of the government that is trying to work so hard in getting immigrants deported out of. Continue reading

MSNBC.Com: Arizona sheriff violates civil rights of Latinos, Justice Department says

Homeland Security needs to be braking ties with all local law enforcement agencies, not just in Arizona.  SCOMM is the tool used for racial profiling not just in Joe Arpaio’s state. — Post submission by Gail Noble

By msnbc.com staff and wire service reports / Jim Gold contributed to this report.

Joe Arpaio of Phoenix, Ariz. is the most famous sheriff in America, known for his tough policies against illegal immigrants and the no-nonsense way he runs the county jail. Arpaio is now in trouble with the U.S. Justice Department, accused of violating Latinos’ constitutional rights. NBC’s George Lewis reports.

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Bringing Elias Home: 13-year-old Returns to Family After Immigration Detention

Submission Post and video by Charisse Domingo

After four months in immigration detention, 13 year old Elias comes home.  After facing charges, he was placed on an immigration hold, and unlike other Bay Area counties, San Mateo enforces detainer requests regardless of age.  But because of his mom’s advocacy and supported by community, Elias is coming home to spend Christmas with his family. 

A longer story on juvenile ICE holds is coming, but we wanted to share with you the moment that Patricia and Elias were reunited at the San Francisco Airport on Wednesday, December 21. 

San Francisco Bay Guardian: SF Supervisors Urge City To Defy Federal Immigration Holds

The Santa-Clara-fication spreads.  Last week, the San Francisco Board of Supervisors passed a similar policy to Santa Clara urging the City to limit cooperation with federal immigration officials and not spend county resources to do ICE’s job.  Great job to the San Francisco Immigrant Rights Defense Committee for pushing this forward, and to Supervisor Eric Mar for sponsoring the resolution.  We need more and more of our jurisdictions to turn the tide against the criminalization of immigrants.  Post by Charisse Domingo

 

SF supervisors urge city to defy federal immigration holds

by Steven Jones
12/14/11

The San Francisco Board of Supervisors yesterday (Tues/13) approved a resolution calling for the city to adopt stronger policies for resisting federal efforts to deport undocumented immigrants who live here. It is the latest move to support the city’s Sanctuary City status and counter the federal Secure Communities (S-Com) program, a new database that allows the feds to circumvent local policies protecting local immigrants who have been arrested but not convicted of any crimes.

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New York Times: Court to Weigh Arizona Statute on Immigration

The supreme court will take on anti-immigration laws in the near future, could this cause turbulence to the presidential election coming up? I think so. -Submission by Cesar Flores

WASHINGTON — In the space of a month, the Supreme Courthas thrust itself into the center of American political life, agreeing to hear three major cases that could help determine which party controls the House of Representatives and whether President Obama  wins a second term.

The court announced Monday that it would decide whether Arizona was entitled to impose tough anti-immigration measures over the Obama administration’s objections. The case joined a crowded docket that already included challenges to Mr. Obama’s signature legislative achievement, the 2010 health care overhaul law, and a momentous case on how Texas will conduct its elections. Continue reading

Santa Clara County Counsel Sends ICE New Detainer Policy for the County

On October 21, 2011, just days after the Santa Clara County Board of Supervisors passed a detainer policy praised by many community members, legal service providers, and immigrant rights advocates as one that balances public safety, honors civil rights, and protects immigrants, County Counsel Miguel Marquez sends off a letter to ICE notifying them of our County’s official stance.  Click below to read the letter….

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Report Back from Santa Clara County Public Safety Committee Meeting Discussing Detainer Policy

By Cesar Flores

Today’s Public Safety Committee meeting on Wednesday October 12, 2011 was to consider recommendations from the Office of the County Counsel on behalf of the Civil Detainer Task Force and consider added recommendations from Chairperson Supervisor Shirakawa on proposed county policies relating to civil immigration detainers. Continue reading

Santa Clara County DA’s Office to Now Consider “Collateral Consequences” — Policy Shift Bodes Well for Immigrants

Santa Clara County District Attorney Jeff Rosen

As stated in a recently released document, the Santa Clara County District Attorney’s Office announced they will change their policy regarding the consideration of collateral consequences (such as possible deportation consequences for a minor conviction) when negotiating plea agreements. The memo states, “It is not generally the duty of a prosecutor to mitigate the collateral consequences to a defendant of his or her crime. However, in those cases where the collateral consequences are significantly greater than the punishment for the crime itself, it is incumbent upon the prosecutor to consider and, if appropriate, take reasonable steps to mitigate those collateral consequences.”  Continue reading

New America Media: More Double Punishment for Immigrants with Convictions

By Michelle Fei — The Obama administration’s Aug. 18 announcement of a new policy that purports to suspend deportations against immigrants without criminal convictions has sprouted a range of reactions from immigrant rights advocates, from full-fledged celebration to wary suspicion.

I can appreciate why some advocates are praising the announcement. First, it does seem true that the national outcry over the failure of immigration reform and the expansion of the deportation program known as “Secure Communities” – which requires police to share fingerprint data of all arrestees with federal immigration authorities — has prompted Immigration and Customs Enforcement (ICE) to respond with this “new” policy. It’s worth noting, however, that advocates have long sought to get ICE to actually exercise the discretionary powers it has always held. Second, fewer deportations is certainly a good thing. To the extent that this announcement can actually help the small percentage of people who could qualify for a temporary reprieve from deportation, I share the temporary sense of relief of these immigrants. No family should know the devastation of deportation. Continue reading