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Traffic Stops
DEPORTATION
Breaking ICE’s Hold On Your
Community
Why We Got Involved: The Santa
Clara Story
An ICE hold story:
Pancho Stierle
How S-Comm Works
CRIMINAL
ALIEN
PROGRAM
SECURE
COMMUNITIES
287(g)
DHS
ICE says there’s no Opt-Out of Scomm.
They won’t end 287(g). They continually
expand CAP.
But what if the police don’t hold people
for ICE to pick up?
CRIMINAL
ALIEN
PROGRAM
DHS
ICE
SECURE
COMMUNITIES
287(g)
Dispelling the Myths about ICE Holds
Don’t let the police tell you otherwise
1. Not mandatory
2. Full cost of detention not
reimbursed
3. Doesn’t serve a public safety
function
4. Not a warrant or a summons
to immigration court
5. No authority for detention
beyond 48 hours
Oh yeah……
ICE DETAINERS
ARE NOT
MANDATORY!
THE CRIMINAL JUSTICE PROCESS
Questions?
Santa Clara Case Study
Santa Clara Ordinance
1. It is the policy of Santa Clara County (County) to honor civil detainer requests from the United States Immigration and
Customs Enforcement (ICE) by holding adult inmates for an additional 24-hour period after they would otherwise be released
in accordance with the following policy, so long as there is a prior written agreement with the federal government by which all
Santa Clara will not honor detainer requests from ICE,
costs incurred by the County in complying with the ICE detainer shall be reimbursed:
unless ICE reimburses them for the cost.
2. Upon written request by an Immigration Customs and Enforcement (ICE) agent to detain a County inmate for suspected
violations of federal civil immigration law, the County will exercise its discretion to honor the request if one or more of the
following apply:
a)
If there will be reimbursement, then the County has
The individual
is convicted
of a serious
or violent
felonychoose.
offense for which he or she is currently in custody.
discretion
to honor
requests
if they
For
purposes of the policy, a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code and a
violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code.
b) The individual has been convicted of a serious or violent felony within 10 years of the request, or was released after
Santa Clara will not honor any detainer requests on
having served a sentence for a serious or violent felony within 5 years of the request, whichever is later.
juveniles.
i.
ii.
If the individual has been convicted of a homicide crime, an immigration detainer request will be honored
regardless of when the conviction occurred.
ICE
shall notalso
beapplies
givenifaccess
individuals
or be of Corrections has been informed by a law
This subsection
the Santato
Clara
County Department
allowed
toagency,
use County
facilities
for interviews.
enforcement
either directly
or through
a criminal justice database, that the individual has been convicted
of a serious or violent offense which, if committed in this state, would have been punishable as a serious or
violent felony.
Santa Clara county personnel shall not spend time or
resources responding to ICE inquiries or
Except as otherwise
required by thiswith
policy
or unless ICE agents have a criminal warrant, or County officials have a legitimate
communicating
ICE
3. In the case of individuals younger than 18 years of age, the County shall not apply a detainer hold.
4.
law enforcement purpose that is not related to the enforcement of immigration laws, ICE agents shall not be given access to
individuals or be allowed to use County facilities for investigative interviews or other purposes, and County personnel shall not
expend County time or resources responding to ICE inquiries or communicating with ICE regarding individuals’ incarceration
status or release dates.
Getting Started:
Identify Goals
Stop
deportations
Separate
ICE from
Police
Defend
human
rights
STOP
ICE
holds
Protect
immigrant
communities
Keep our
families
out of
detention
The Ask:
Replicate the Santa Clara
Ordinance
Getting Started:
Identify Targets
Getting Started:
Conduct Strategic Research
•
•
•
•
•
What are local practices regarding collaboration with ICE?
Who will be your allies inside government?
What laws might already exist that affect this issue?
What financial incentives are at play?
What kind of policy would be most effective?
Fiscal Impact
Building a Coalition
Recruit
ALLIES
Demands
Sample Key Campaign Messages
1. Community impact: separates families
2. Public Safety: creates mistrust within the
community, criminalizes immigrant communities,
endangers victims of crimes
3. Fiscal Impact: Drains resources & no reimbursement
4. Faith Perspective: Respect the dignity & humanity
of all residents
5. Racial Profiling: Assumes the CJS is fair when we
know there are instances of racial biases
6. Due Process: Undermines Constitutional right to
due process
Responding to Oppositional
Messaging
Faith Messaging on
Secure Communities
Central to all faith traditions are the principles of
the common good, human dignity and love for
one’s neighbor.
Deuteronomy 10:18-19
He defends the cause of the fatherless and the widow, and loves
the foreigner residing among you, giving them food and
clothing. And you are to love those who are foreigners, for you
yourselves were foreigners in Egypt.
Prophetic Witness
The tradition of prophetic witness is an important part of
our faith traditions wherein leaders took a stance against the
marginalization and oppression of the poor and were willing
to speak truth power.
Proverbs 31:9
Speak up and judge fairly;
defend the rights of the poor and needy.
Isaiah 61:1
"The Spirit of the LORD is on me, because the LORD has anointed me to preach
good news to the poor. He has sent me to comfort the brokenhearted, to
proclaim freedom for the captives and release from darkness for the
prisoners."
Role Play
Role Play
Tactics and Timing
Questions?
Break ICE’s Hold on Your County and
State
http://www.interfaithimmigration.org/index.php/2011/11/21/iic-scomm-toolkit/
CRIMINAL
ALIEN
PROGRAM
Good Resources
www.altopolimigra.com/detainers
www.interfaithimmigration.org
www.sjbeez.org/scomm
http://bit.ly/uvOzdO
States can't opt out of Secure Communities program
August 06, 2011|By Brian Bennett, L.A. Times
Washington Bureau
The Obama administration has told
governors the fingerprint-sharing program
that targets criminals in the country
illegally does not need their approval to
operate in their states.
Immigration Advocacy Toolkit
How to Organize an Advocacy Campaign