Breaking ICE`s Hold On Your Community

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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