Jessica M' Vaughan

1
Immigration Policy and State Local Law
Enforcement

• Jessica M. Vaughan
• Director of Policy Studies
• Center for Immigration Studies
• May 6, 2009

2
Summary

• I. Immigration Overview
• II. Immigration Crime and Useful Immigration
  Law Tools
• III. Elements of Successful Local Strategies

3
Immigration Overview
4
Current Immigration PolicyGreen Cards Issued,
2008
Total 2008 Legal Immigration
1,052,415 Illegal Immigration
500,000 Total 2008 Immigration roughly
1,500,000
5
Immigration Numbers

• Total Immigrant Population 37.9 Million, or
• 1 in 8 residents
• 1 in 3 immigrants is an illegal alien
• 50 of Mexicans and Central Americans are illegal
  aliens
• More than ½ of arrivals since 2000 estimated to
  be illegal
• Total illegal alien population estimated at 11.3
  Million
• Source Center for Immigration Studies analysis
  of Census and DHS data

6
Border Crossing Volume

• Admissions, 2004
• show video Source, Dept. of Homeland Security

7
Illegal Immigration

• Stock currently 11.3 million (CIS est.)
• 1/3 of all immigrants is illegal
• 60-70 crossed border illegally 30-40
  overstayed
• Population is shrinking due to enforcement and
  economy both new entries and stock

8
Characteristics of Immigrants

• 55 from Latin America (31.1 Mexican)
• 18 Asian, 13 European, 14 Other
• Of adults, 31 have not completed high school
• 33 of immigrant households using welfare
• 82 of immigrant households have at least 1
  worker
• Source CIS, Immigrants in the U.S. 2007

9
Impacts of Immigration
http//www.youtube.com/watch?vbLJxmJZXgNI
10
Costs of Illegal Immigration

• Federal cost of illegal immigration in 2002 was
  10 Billion
• 26 Billion in services - 16 Billion in taxes
  paid 10 Billion net cost
• 2,700 per U.S. household
• Cost elements Medicaid, medical care for
  uninsured, food assistance, school lunches,
  federal prisons and courts, federal aid to
  schools
• 33 of illegal alien households using a major
  welfare program (usually Medicaid)
• Diminished opportunities for less educated U.S.
  workers, especially minorities and recent
  immigrants
• Wage depression in certain occupations

11
Current National Policy Issues

• Amnesty vs. Enforcement
• Level of legal immigration
• Priorities for enforcement
• Criminals
• Fugitives
• Workplace
• National Security
• Benefits Fraud
• Obama Administration approach

12
Immigration and Crime
13
The Question of Alien Criminality

• Census studies fewer aliens institutionalized
  than citizens
• Academic reports when immigration goes up,
  crime rates have fallen
• Federal reports
• GAO 27 of federal prison population is alien
• ICE 22 of state and local inmates alien
• State correctional reports
• Pew Hispanic Study gt 25 of drug offenders
  sentenced federally are non-citizens
• discuss

14
Crimes Associated with Immigration

• Human Smuggling
• ID fraud/theft
• Drugs
• Gangs
• Immigration benefits fraud
• Human trafficking
• Illegal employment

15
Operation Community Shield

• 6,559 arrests from January, 2005 September,
  2007
• 107 gang leaders, 5,535 gang members, 889 gang
  associates
• Criminal histories
• 168 Murder/Homicide
• 102 Sex Offenders
• 1,170 Assault/Battery
• 1,228 Drug Offenses
• 1,118 Robbery/Larceny etc.
• 975 Weapons Charges
• 24 Kidnapping
• 765 Re-entry after Deportation
• Source ICE data in Vaughan and Feere, Taking
  Back the Streets

16
Mexican DTOs Unique Public Safety Threat

• Level of Proliferation into U.S.
• Pressure from Mexican government
• Access land border and BCCs
• Established communities of Mexicans
• Drug Profits enable
• Weapons rival or exceed US LEAs
• Equipment similar to LEAs
• Technology
• Training
• Tactics

17

• http//www.latimes.com/news/printedition/front/la-
  111608-na-cartels-f,0,2925171.flash

18

• Violence against
• Rivals
• Law enforcement officers
• Innocent bystanders
• Immigrant community
• Immigration consequences

19
Immigration Law Enforcement Tools
20
Immigration Law Tools

• On the street and residential authorities
• Administrative violations EWI and Status
  violations
• Criminal violations
• re-entry after deportation
• false documents
• alien smuggling
• firearms possession
• aggravated felony conviction
• controlled substance
• Prospect of harsh immigration consequences can
  encourage cooperation in investigations
• See Arnold and Vaughan

21
ICE and Gang Suppression

• Many gangsters are vulnerable due to illegal or
  alien status
• ICE is the federal agency with the most expertise
  on alien crime
• Deportation offers opportunity to remove rather
  than repeatedly recycle through criminal justice
  system

22
How OCS Works

• ICE and Local LEAs identify targets
• ICE investigates potential immigration violations
• Instantly subject to arrest
• Immediate disruption of gang activity
• Developed as informants
• Subject to incarceration and/or removal
• Material for long-term investigations and federal
  cases is developed thru searches and questioning

23
Nature of Immigration Charges on Gangsters

• Summary of OCS Immigration Charges
• 67 Illegal Entry
• 12 Re-entry after Deportation (felony)
• 11 State charges
• Criminal vs. Administrative
• 29 of gangsters charged with criminal
  immigration violations, 71 administrative
• Many of those charged administratively had
  serious and/or violent criminal backgrounds,
  including murder, sex offenses, assault on police
  officer, etc.
• Source ICE data in Taking Back the Streets

24
Incentives for Victims, Witnesses and Informants

• Significant Public Benefit Parole
• Employment Authorization
• S or U Visa
• Selective enforcement/discretion

25
ICE Programs for LEAs

• Law Enforcement Support Center
• Criminal Alien Program/Secure Communities
• 287(g)
• ICE ACCESS
• Document Benefit Fraud Task Forces
• Forensic Document Laboratory
• Rapid REPAT
• Asset Forfeiture Sharing
• See http//www.ice.gov/pi/news/factsheets/index.ht
  m

26
287(g) Models

• Correctional increases removals of criminal
  aliens
• State Patrol improves highway safety and
  disrupts alien smuggling
• Task Force focus on transnational crimes
  terrorism, gangs, drugs, document fraud,
  trafficking or other local priorities
• Motor Vehicle addresses identity fraud

27
ICE Limitations

• Staffing and resources inadequate to scale of
  problem
• Mission priorities agency-level commitment to
  local partnerships is unclear under new
  administration
• Inconsistent approach/response, sometimes due to
  distance
• Success requires cooperation from local LEAs

28
Successful Local Strategies
29
Inherent Authority

• http//www.cis.org/articles/2004/back604.pdf

30
Levels of Involvement
31
Best Practices

• Accept only secure, verifiable identity documents
• Basic Immigration Law Training
• www.omegasecuresolutions.com/Training_Division.htm
  l
• www.nexportsolutions.com/biet/
• Screen for status (and record)
• Serve all immigration warrants
• Develop protocols with ICE
• Enforce state statutes on id theft, gangs,
  smuggling, business licensing, zoning, traffic
  vehicle safety
• Community outreach victims and witnesses are
  not targets

32
Case Studies

• Prince William County, Virginia
• Screening for Status
• Beaufort County, SC
• Illegal Employment
• Northern Florida ID Fraud Task Force
• Document Fraud

• Colorado Highway Patrol Immigration Enforcement
  Unit
• Alien Smuggling
• Providence, RI
• Not using LESC
• No. Virginia Gang Task Force
• Targeting Gangsters

33
No. Virginia Gang Task Force

• Multi-jurisdictional task force with ICE agents
  assigned full-time to work alongside locals
• 1/3 of case load is illegal or removable , and
  all referrals to ICE are acted upon
• Law-breaking gangsters can be targeted before
  crimes escalate
• Flip side of success Gangs spreading/relocating
  to more rural areas where ICE is less accessible

34
Minnesota

• Agreement of Cooperation with ICE, including
• 287(g)
• Jail screening program (CAP)
• Document fraud task force
• Asset forfeiture sharing
• Law enforcement summits/training on transnational
  crime issues
• Verify status for employment (E-Verify)
• Photo matching in drivers license database
• Prohibit sanctuary ordinances (proposed)

35
Community Concerns

• Chilling Effect
• Racial Profiling
• Priorities
• Politics

36
Community Support

• ENGAGE -- Establish partnerships with community
  organizations and listen to concerns
• EXPLAIN purpose of using immigration law tools,
  emphasizing public safety for all and protection
  for victims and witnesses
• EXPECTATIONS of public and interest groups are
  often unrealistic

37
Jessica M. VaughanDirector of Policy
StudiesCenter for Immigration Studies(508)346-33
80jmv_at_cis.orgCenter for Immigration
Studies1522 K Street, NWSuite 820Washington,
DC 20005(202)466-8185www.cis.org