Without immediate and large-scale decarceration and decriminalization, the US death toll from COVID-19 is at risk ofdoubling. Yet police departments continue to carry out arrests and channel more people into jails and prisons, andImmigration and Customs Enforcement (ICE) continues to detain and deport people.  Communities working to transform the criminal legal and immigration systems are taking action to prevent massiveloss of life in prisons, jails, and detention centers. Police arrests and criminal prosecution open a pipeline to ICEdetention and deportation, for documented and undocumented people alike. Just as in jails and prisons, physicaldistancing is impossible for tens of thousands of immigrants in detention centers. Public health guidelines arecallously flaunted on a daily basis.  When a detained person is exposed to COVID19, ICE places groups of people who may have shared jail spaces orcome into contact with that person in close-quarter “cohorts,” against CDC recommendations for social distancing. People behind bars in unsafe conditions include those who cannot pay bonds granted by the immigration judge orwhose release is delayed because of this “cohorting” policy, and people held in jail because they can't make bail. Theemerging data paints a terrifying picture: on a recent deportation flight, a shocking total of 70% of the peopleonboard tested positive for COVID19.  As we work toward dismantling these unjust systems, there is opportunity to highlight the intersections of ourefforts and identify shared goals. Below is a chart of related demands across criminal and immigration issues aimedat reducing the number of people that enter, and releasing as many people as possible from jails and prisons, anddetention centers. The chart below organizes COVID-19 demands by target and has three fields. On the left, broadcriminal system demands. On the right, specific criminal system demands that can impact immigrants at risk ofbeing funneled into ICE detention and deportation during this public health emergency.  In the middle, some contextfor how those demands intersect. This is not a complete list, but rather a starting point for us all to consider ourdemands more broadly.

Immigrant Defense Project is a member of the Immigrant Justice Network.

ALIGNING IMMIGRATION AND CRIMINALSYSTEM DEMANDS FOR COVID-19

April 2020 www.immdefense.org

Reduce arrests by reducing disparatepolicing, using diversion programs,and referring people to socialservices. 

Give citations instead of taking peopleinto custody. 

Do not make arrests based solely onbench warrants for unpaid fines orincomplete community service.

Do not cite or arrest people foroffenses related to curfew, shelter inplace or quarantine orders (e.g.disorderly conduct, obstruction ofjustice, reckless endangerment).

Criminal System Demands Intersectional Impact for

Immigrants

Immigration-Specific Demands

in the Criminal System

Immigrants are doubly impacted by anarrest because it often starts the pipelineto deportation. Some local policecommunicate with ICE about individualsand help facilitate their transfer into ICE'shands. ICE also has access to law enforcementdata, so once an immigrant is in criminalcustody, they are at risk of transfer intoICE custody, where ICE has refused torelease people during the COVID-19crisis, even though it has the discretion todo so. For documented and undocumentedimmigrants, convictions for these chargesare very often the trigger for deportationand ICE detention.

Suspend collaboration with ICE andBorder Patrol, both formalagreements and informalcooperation. 

Do not hold people so that ICE cancome pick them up or inform ICE ofrelease dates, pursuant to detainersor other requests. 

Do not conduct joint operations withICE to arrest people for immigrationviolations. 

Do not ask for interpretationassistance from Border Patrol duringtraffic stops. 

Do not use local resources to supportfederal prosecution for immigration-related offenses, which results in adirect line to ICE detention anddeportation.

Target: Police

Immigrant Defense Project is a member of the Immigrant Justice Network.April 2020 www.immdefense.org

Prevent people from going into jail:Decline to prosecute, dismiss charges,refer to social services, consent toalternatives to incarceration, deferprosecution. Consent to release onrecognizance (ROR) -- quick releasewithout bail.

Facilitate getting people out of jail:Consent to ROR. Agree toresentencing to facilitate release.

A criminal case often triggersdeportation. It can make a person losetheir green card, DACA, TPS (TemporaryProtected Status) or asylum. It can be thesole roadblock preventing an otherwiseeligible person from getting immigrationstatus.  Alternatives to prosecution can helpdisrupt this pipeline. In some places, RORcan prevent transfers into ICE custody(depending on local laws and policies onresponding to immigration detainers andworking with ICE).

Agree to requests for post-convictionrelief for problematic convictions andresentencing motions.

Work with defense attorney to find aplea with neutral immigrationconsequences. These can help getimmigrants released from detentionand allow people to keep or remaineligible for lawful status.

Target: Parole and Probation Agencies

Target: Prosecutors

Criminal System Demands Intersectional Impact for

Immigrants

Immigrant Defense Project is a member of the Immigrant Justice Network.April 2020 www.immdefense.org

Suspend in-person check-inrequirements.

Suspend reporting people fortechnical violations, such as failure toreport (especially given the need forsocial distancing and transportationshutdowns).

ICE has targeted parole and probationcheck-ins to detain immigrants, leadingto fear in immigrant communities thatcomplying with requirements will meandetention and deportation.

Do not call or collaborate with ICEofficers trying to pick people up onimmigration violations.

Immigration-Specific Demands

in the Criminal System

Target: Courts

Post-conviction relief can mean thedifference between an immigrant facingdetention and deportation and beingfree to remain in the U.S.

Criminal System Demands Intersectional Impact for

Immigrants

Immigrant Defense Project is a member of the Immigrant Justice Network.April 2020 www.immdefense.org

Order ROR, or use the least restrictivemeasures of supervision available.

Do not issue bench warrants.

Do not sentence people toimprisonment for probation violationsor nonpayment of fines and fees.

Grant defense motions to resentencepeople to facilitate release.

ICE has targeted immigrants attendingcourt, leading to widespread fear inimmigrant communities.  In many cases, being held in jail or prisonends in a direct transfer to ICE detention.

Protect access to courts by refusing tolet ICE arrest people in courthouses. 

Expedite post-conviction reliefmotions.

Immigration-Specific Demands

in the Criminal System

Target: Sheriffs

Some detained immigrants are held atlocal jails, not at federal detentioncenters. These local jails individuallycontract with the federal government toincarcerate people for ICE. Immigrants held in criminal custody areat risk of transfer into ICE custodyif/when they are released, and ICE hasrefused to release people in their custodyduring the COVID-19 crisis, even though ithas full discretion to do so.

Use any existing authority to releasepeople.

For sheriffs with ICE contracts: stopaccepting people detained by ICE. Asthe resident healthcare provider, flaghigh-risk individuals to ICE for release.

Suspend collaboration with ICE andBorder Patrol, both formal agreementsand informal cooperation. If a person isto be released, do not hold people sothat ICE can come pick them up.

Do not use local resources to supportfederal prosecution for immigration-related offenses.

Include immigration detention centers in any demands for safety and hygiene supplies, medical care, COVID-19 tests,access to counsel, communication with family and friends, etc. This should include detention centers that are operatedby the federal government, local jails with ICE contracts and private facilities.

Target: Governors

Grant pardons, clemency,commutations to facilitate gettingpeople out of jail and prisons

A pardon can completely remove thebasis for someone’s deportation, andhelp facilitate their release fromdetention.

Criminal System Demands Intersectional Impact for

Immigrants

Immigrant Defense Project is a member of the Immigrant Justice Network.April 2020 www.immdefense.org

Include immigration impact as a factorin granting pardons and clemencyrequests to immigrants facingdetention and deportation.

Immigration-Specific Demands

in the Criminal System

Bail Payment - Immigration and Criminal Systems

When immigrants cannot post bailduring pre-trial detention in the criminalsystem, they are also more likely to betransferred into ICE custody after theircriminal case if dismissed or sentence, ifany, if completed. In the immigration bond system, ICErequires nonprofit bond funds andindividuals to pay bonds in person eventhough it has an electronic system. Atthe same time, they are closing bondwindows to foreclose even that options.These barriers put people paying bondat risk and leads to more immigrantsremaining in detention.

Allow remote or online posting of bail,so people do not have to risk theirhealth or hunt for limitedtransportation options to win thefreedom of their loved ones in pre-trial detention.

Allow individuals and organizationsto post remote bond (e.g. througheBond, currently limited toregistered sureties only), and allowin-person bond payments wherepermitted by public healthrecommendations.

Do not block the release ofimmigrants through a dangerous“cohorting” policy.