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Date: April 30, 2024 Tue
Time: 1:11 am
Time: 1:11 am
Results for immigrant enforcement
2 results foundAuthor: Anderson, Victoria Title: Second Chances for All. Why Orange County Probation Should Stop Choosing Deportation Over Rehabilitation for Immigrant youth Summary: In recent years, the Orange County Probation Department (OCPD) has adopted a policy of referring immigrant children in its care to U.S. Immigration and Customs Enforcement (ICE). In so doing, OCPD has violated confidentiality laws, undermined the rehabilitative goals of the juvenile justice system, impeded community policing efforts, unlawfully entangled its officers in federal immigration enforcement, and diverted county resources. This report was undertaken by the UC Irvine School of Law Immigrant Rights Clinic to analyze OCPD's referral policy, document some of these harms, and recommend possible solutions to address those harms. As a result of OCPD's referral policy, Orange County has led the state in juvenile immigration referrals. From December 2010 to November 2012, the OCPD Procedure Manual instructed probation officers to proactively investigate the immigration status of youth and granted OCPD's ICE Liaison Officer discretion to refer practically any child with "questionable immigration status" to ICE. Pursuant to this policy, OCPD referred approximately 170 youth to immigration authorities in the year 2011 alone. Between October 1, 2009 and February 10, 2013, ICE issued immigration detainer requests for numerous youth detained in Orange County Juvenile Hall; Orange County accounted for approximately 43% of all ICE detainer requests issued to juvenile facilities in the state. In November 2012, OCPD revised its referral policy; however, key problematic aspects of the policy were left unchanged. In the months following the policy change, OCPD has made a steady, if reduced, number of referrals. Approximately 24 youth were referred between December 2012 and September 2013. OCPD's referral policy violates state confidentiality law and undermines OCPD's mission to rehabilitate juveniles. The policy violates California Welfare and Institutions Code Section 827, which strictly limits access to juvenile case files, by requiring employees to provide ICE with "all pertinent information" to assist ICE's investigation of referred juveniles. Juvenile referrals also cause both children and their families to distrust the probation department, hindering cooperation necessary for rehabilitation. Furthermore, many juveniles referred to ICE are detained in federal custody for an indefinite period awaiting immigration court proceedings, separating them from their families and subjecting them to physical and mental hardships that increase their risk of recidivism. In cases where children are deported, they experience long-term separation from family and friends, and may be left to fend for themselves in countries where they have no support system. Juvenile referrals do not benefit public safety, and may even hinder policing efforts. Studies have repeatedly found that immigration status does not shape future delinquency. Also, OCPD's own studies indicate that as few as 8% of youth who come into contact with OCPD qualify as "chronic recidivists." Thus, targeting immigrant youth for deportation is unlikely to make Orange County safer. In fact, juvenile referrals can harm public safety because they foster distrust between immigrant communities and local police generally. Surveys show that approximately 44% of Latinos are less likely to contact police officers when they fear police officers will investigate their immigration status or that of their loved ones. OCPD's involvement in federal immigration enforcement exceeds its authority under the Constitution and can lead to illegal detention, deportation, and profiling. Under the Constitution, immigration status may only be determined by federal officers and classified according to federal standards, but OCPD's referral policy directs county officers to independently ascertain juveniles' immigration status, according to a local scheme inconsistent with federal standards. The Constitution also guarantees juveniles the right to be free from unlawful detention, but the referral policy violates that right with its blanket directive to detain juveniles subject to ICE detainers for up to five days past their scheduled release dates. Furthermore, officers untrained in the complexities of immigration status are likely to rely on apparent race and ethnicity in selecting juveniles for immigration investigations, exacerbating risks of illegal racial profiling. Finally, OCPD officers may erroneously refer U.S. citizens or other lawfully present youth to ICE, potentially leading to their unlawful detention and deportation. OCPD's referral policy involves the unnecessary expenditure of county resources to subsidize federal immigration enforcement. OCPD employees - including a dedicated ICE Liaison - spend time on the county payroll investigating juveniles' immigration status and communicating with ICE, and the county incurs additional detention costs when OCPD denies out-of-home placement to juveniles subject to ICE detainers and detains such juveniles past their release dates. Further costs may result from lawsuits filed by those affected by OCPD's referral policy or by civil rights organizations, challenging violations of confidentiality laws, the detention of juveniles on the basis of ICE detainers, racial profiling by OCPD officers, or the erroneous referral and resulting detention or deportation of lawfully present juveniles. Details: Irvine, CA: University of California Irvine, School of Law, immigrant Rights Clinic, 2013. 50p. Source: Internet Resource: Accessed March 12, 2014 at: http://www.law.uci.edu/academics/real-life-learning/clinics/UCILaw_SecondChances_dec2013.pdf Year: 2013 Country: United States URL: http://www.law.uci.edu/academics/real-life-learning/clinics/UCILaw_SecondChances_dec2013.pdf Shelf Number: 131887 Keywords: DeportationIllegal ImmigrantsImmigrant DetentionImmigrant EnforcementImmigrationJuvenile DetentionJuvenile OffendersJuvenile ProbationRehabilitation |
Author: Immigrant Defense Project Title: The Courthouse Trap: How ICE Operations Impacted New York's Courts in 2018 Summary: In 2018, Immigration and Customs Enforcement (ICE) substantially expanded arrest and surveillance operations in New York's courts, continuing a disturbing trend that began with the inauguration of President Donald Trump. ICE operations increased not only in absolute number but grew in brutality and geographic scope. Agents, disguised in plainclothes, used intrusive surveillance and violent force to execute arrests. They also reached into many new areas of the state, conducting arrests in several upstate counties that were previously untouched. And ICE agents pursued New Yorkers in a broader range of courts-conducting operations in civil and criminal courts and in courts designed to be rehabilitative instead of punitive. All of these changes underline ICE's increasing reliance on the state's court system as a place to trap and detain immigrant New Yorkers. Details: New York: The Author, 2019. 15p. Source: Internet Resource: Accessed February 7, 2019 at: https://www.immigrantdefenseproject.org/wp-content/uploads/TheCourthouseTrap.pdf Year: 2019 Country: United States URL: https://www.immigrantdefenseproject.org/wp-content/uploads/TheCourthouseTrap.pdf Shelf Number: 154534 Keywords: Illegal ImmigrantsImmigrant DetentionImmigrant EnforcementImmigration and Customs Enforcement (ICE)Immigration Court |