Agenda - 01-21-2010 - 3b - Laserfiche WebLink

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19 with or convicted of Level 1 crimes, while more than 100,000 had been convicted of Level 2 and 3 crimes.zs Questions remain about how ICE is prioritizing persons convicted of Level 1 offenses over persons arrested for Level 2 or 3 offenses. Certainly the number of detainers on Level 1 crimes is far exceeded by detainers on Level 2 and 3 crimes. The prioritization process appears to come down to resources — whether the local ICE office has the personnel and resources available to respond to all database hits, or only has the personnel and resources to respond to a smaller number of higher priority hits. Past efforts to prioritize violent offenders have met with little success. A September 2009 report by the Warren Institute on Race, Ethnicity, and Diversity at the University of California, Berkeley documents ICE's Criminal Alien Program (CAP) in Irving, Texas over a 15 -month period. Similar to Secure Communities, CAP focuses on identifying removable immigrants within federal, state, and local prisons and jails. 26 The report finds, however, that ICE has failed to target serious criminal immigrants for deportation.27 The data show that over the 15 -month period studied, only 2% of all the detainers issued by ICE were for individuals charged with felony offenses. Misdemeanors accounted for 98% of detainers issued.28 A 2009 report by the Migration Policy Institute (MPI) examined ICE's Fugitive Operations Teams (FOTs), which were created to locate and detain fugitive immigrants who pose a threat to the nation or the community or who have a violent criminal history. MPI found that while the number of immigrants apprehended by FOTs has increased, they have netted fewer violent criminals and arrested greater numbers of unauthorized immigrants with no criminal history. Specifically, MPI found that 73% of the individuals apprehended by FOTs had no criminal convictions.29 In 2007, fugitives with criminal convictions represented just 9% of total FOT arrests.30 Many of these individuals were "ordinary status violators" — individuals which the FOTs believe are unauthorized or in violation of immigration laws, but who have not been charged with anything. The number of ordinary status violators detained by FOTs increased in 2006 when ICE instituted a quota system requiring agents to arrest a certain number of immigrants during a specified time period. Ordinary status violators now constitute approximately 40% of all FOT arrests.al In North Carolina, a report on the state's 287(8) program found that, while the 287(g) partnership program with DHS was intended to target immigrants convicted of violent crimes, human smuggling, gang/organized crime activity, sexual - related offenses, narcotics smuggling, and money laundering, the federal /local partnerships are actually being used to "purge towns and cities of 'unwelcome' immigrants. "32 During May 2008, 83% of the immigrants arrested by officers deputized to perform immigration enforcement duties in Gaston County, NC were charged with traffic violations.aa In summary, DHS's track record on prioritizing violent criminals is far from stellar, leaving much doubt about ICE's compliance with the stated intentions of the Secure Communities program. Furthermore, there is concern about the point at which immigrants are identified in the process. Secure Communities' materials originally claimed to focus on convicted criminals.34 However, subsequent information and data from ICE have shown otherwise. Venturella stated that of the more than 12,000 "criminal aliens" identified in a five -month period, only 7.2% were charged or convicted of Level 1 offenses.35 The mere mention of those "charged" with offenses raised eyebrows because of ICE's claim that Secure Communities was focused on individuals with convictions.36 Even Rep. Price expressed concerns, pointing out that "in 2007, the number of individuals ICE deported because they crossed the border illegally or overstayed their visas was 91 percent higher than in 2003, while the number of criminal aliens identified for deportation by the agency rose by only 16 percent.i37 10