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.