immigration and customs enforcement 2011 budget: $5.82 billion
TRANSCRIPT
Honoring ICE holds is the WRONG CHOICE
FINANCIAL: Costs to McLean
County
Immigration and Customs Enforcement2011 Budget:
$5.82 BILLION
1. Cost of Detention
From July 8, 2011 to October 15, 2011 63 individuals detained
– Cost per-inmate per-day estimated at $47.50.
– ($47.50/day) X (2 days) = $95
– ($95/inmate) X (147 inmates) = $13, 965
In the past 11 months: 147 people detained
– Estimated cost per year (for detention
ONLY): $15,200
“McLean County has been paid almost $90,000 since 2006 by
the federal government to house inmates for the 48 hours they
are held until immigration officials arrive…said Emery.”
- “Latino groups rally to protest sheriff's detention policies”, The Pantagraph, 01 May 2012
1. Cost of Detention
Consists of thirteen different programs, including Secure Communities and The Criminal Alien Program
The purpose of these programs is to give counties and local jails incentives to help ICE
Strong possibility that McLean County in enlisted in one such program
It is also possible that this money comes from SCAAP (State Criminal Alien Program)
Only covers costs for inmates who have been convicted of a felony or second misdemeanor for violations of state or local law
1. Cost of Detention
Estimated amount received by county per year:
$90,000/6 = $15,000
Estimated cost of honoring detainers per year:
$15,200
1. Cost of Detention
1. Additional costs of detention
Our estimates only count for individuals staying for 48 hours—do not include weekends or holiday weekends, where detention can last up to 5 days
County jail is responsible for medical costs of detainees
2. Social Services
Additional social services and child welfare costs An estimated 5,000 children are in foster
care because their parents have been detained or deported (Applied Research Center)
3. Legal Costs of ICE Holds Possible legal actions against the county as a
result of: Individuals being held beyond the 48hr. expiration for
ICE hold request A U.S. citizen being mistaken as undocumented and
arrested Violation of constitutional rights
Our town or county is liable for what happens to individuals detained on ICE hold requests.
Lawsuits for unlawful detention have cost counties hundreds of thousands of dollars.
Galarza v. Szalczyk Quezada v. Mink Melendrez-Rivas v. Martin Cacho v. Gusman Harvey v. City of New York Uroza v. Salt Lake County Rios-Quirroz v. Williamson County Comm. for Immigr. Rights of Sonoma
County v. County of Sonoma Ramos-Macario v. Jones Ramirez-Mendoza v. Maury County
4. Training
New policy means: new training additional clerical and data entry tasks
for staff
However, most of the jail staff seems to be untrained on how they should handle these detainers
5. Jail costs
For people with ICE holds, posting bail becomes complicated
Some counties do not allow immigrants to be released on bail
In other counties, posting bail results in immediate transfer to ICE
In response, those individuals simply don’t post bail and the county misses out
5. Jail costs
The use of ICE holds leads to the arrest of non-criminals
Limited space we have at MCDF, and already identified jail overcrowding problem
Why would we want to do something that puts more people in jail?
Legal Concerns:Litigation for McLean
County
Argument 1:
Differential treatment of immigrants
in the criminal justice system.
Differential Treatment of Immigrants in the Criminal Justice System
Illegal immigration is not a criminal act, it is a civil violation.
Criminal violations are against the moral principles of society. Murder, Theft, etc.
Civil violations are against the law because someone has said so. Speeding, parking violations, illegal immigration
United States citizens charged with crimes are released on bail every day.
There is no justifiable reason to treat people’s criminal cases just because they are suspected of having civil immigration issues.
The county has no authority to enforce civil immigration laws. Immigration enforcement is ICE’s job.
Differential Treatment of Immigrants in the Criminal Justice System
Argument 2:
ICE Hold Requests Violate Constitutional Rights
Violations to Constitutional Rights
The constitution not only applies only to U.S. citizens
The constitution restricts the actions of the Government with respect to both American citizens and foreigners.
Violations to Constitutional rights
The rights of the petitioners, as affected by the proceedings of which they complain, are not less because they are aliens. . . .
The fourteenth amendment to the constitution is not confined to the protection of citizens.
It says: “Nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
These provisions are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality
ICE detainers invade the civil liberties of the thousands of people subjected to continued detention.
Individuals are seized and held without any warrant or probable cause, and are allowed no hearing to challenge their detention.
Critical purpose of the Fourth and Fifth Amendments is to protect people from wrongful detention.
Violations to Constitutional rights
ICE Detainers: Violations of the Fourth Amendment
Fourth Amendment of the U.S. Constitution: “The right of the people to be secure …
against unreasonable searches and seizures”
“No warrants shall issue, but upon probable cause…”
ICE detainers invade our Fourth Amendment right to be free from unreasonable seizures
According to the ICE detainer form, a detainer may rest upon the mere “initiation of an investigation” by an ICE agent. This is not a warrant from an independent judge. It’s not even an ICE agent’s finding of probable
cause. Instead, it’s a nebulous standard requiring an
unknown amount of evidence.
Much more should be required before ICE detains someone for 48 hours – or for five days (holiday weekends).
ICE Detainers: Violation of the Fourth Amendment
“In America, we don’t detain people without probable cause… But these detainers are not based on probable cause and they have been imposed on US citizens, including veterans, by mistake…”
–Commissioner Jesus Garcia
ICE Detainers: Violation of the Fourth Amendment
ICE Detainers: Violations of Fifth Amendment
5th Amendment “No person shall …deprived of life, liberty, or
property, without due process of law…”
ICE detainers invade our Fifth Amendment right to a hearing before being deprived of our liberty. ICE has not provided a method for detainees to
be heard by an independent judge. ICE has also failed to notify detainees of their
right to hire private counsel, of their right to remain silent, and of the availability of local free private counsel.
There are serious concerns about the legality of imprisoning a person for 48hrs without ANY determination that there is probable cause to believe the person is subject to detention and removal.
The Legality of Ice Hold Requests
Immigration detainers are routinely used without any judicial determination that a person is in the country illegally, and are frequently applied to people who have committed no immigration violations
Law enforcement agencies should be aware that questions about the legality of 48hr detentions are unresolved
The Legality of Ice Hold Requests
Public Safety
Public Safety
The use of ICE holds by local law enforcement creates a public safety issue
This issue is one that affects the community at large
This goes directly against what the Sheriff’s job is: to create a better relationship between law
enforcement and the community to make our county a safe place for everyone
Public Safety
Police as conduit to deportation ruins trust
Makes undocumented people unlikely to engage with police or cooperate
Make people who are victims of crime unable to report them out of fear
Public Safety
Effective and just law enforcement requires a bright line between local police and ICE (and other federal agencies)
The use of ICE holds in our county jail blurs that line and undermines local law enforcement
Morality
It is IMMORAL to break up families,to separate children from their
parents,to disenfranchise and displace our
immigrant brothers and sisters whohave built their homes here.
It is IMMORAL to marginalize, dehumanize and vilify
people—honest, hard-working, ethical
people—simply for not being legal citizens
of the U.S.
We believe in FamilyJustice
EqualityRespect
and Dignity for All.
We want to see these values reflected in our county. We hope that our fellow community members and elected
officials recognize the importance of these values and reflects them in their actions towards this important issue.