50 immigration holds lifted in Multnomah County jail on first day after Sheriff
50 immigration holds lifted in Multnomah County jail on first day after Sheriff Dan Staton changes policy
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Multnomah County Sheriff Dan Staton will no longer honor requests from Immigration and Customs Enforcement to detain jail inmates past their required jail time. (Randy L. Rasmussen/The Oregonian)
By Kelly House | khouse@oregonian.com
on April 17, 2014 at 6:32 PM, updated April 18, 2014 at 1:25 PM
Multnomah County has lifted immigration holds on 50 jail inmates since Wednesday, when sheriffs across the Portland area announced they would no longer honor federal officials' requests to keep undocumented immigrants in jail for deportation.
None of the inmates has been released; they first must finish serving time on the criminal charges that brought them into the jail. But the policy reversal will allow the inmates to go free once their charges are cleared, instead of being turned over to immigration authorities.
The removal of immigration holds, which is expected to affect hundreds of Multnomah County inmates in the next year, was the immediate and tangible fallout of a federal judge's ruling on April 11.
U.S. District Court Judge Janice M. Stewart ruled Clackamas County violated a woman's Fourth Amendment rights by keeping her in jail at the request of immigration authorities for 19 hours after she had completed a two day sentence.
Multnomah County Sheriff Dan Staton joined sheriffs in Clackamas and Washington counties who responded Wednesday by announcing they would no longer comply with such requests from U.S. Immigration and Customs Enforcement, commonly called ICE. More Oregon counties followed on Thursday.
Staton said officials from the federal agency already have vacated the desk they occupied at the Multnomah County jail.
Staton said the judge's decision brought a welcome end to uncertainty over what the law requires.
"It's about time we got a clear answer on this," he said.
Previously, Multnomah County and most other Oregon counties agreed to hold undocumented inmates for up to two business days after the inmates were cleared of their original charges, under ICE's Secure Communities program. In Multnomah County, the policy resulted in 1,465 holds in a 20-month period between Jan. 1, 2011 and Aug. 31, 2012.
Under pressure from the Multnomah County Board of Commissioners, Staton last April began ignoring requests for holds on inmates who were charged with minor offenses.
Immigrants rights groups pushed for an even laxer policy, but Staton said he feared the consequences of violating a federal law stating that sheriffs "shall" hold undocumented immigrants for deportation.
Staton said he sought advice from attorneys who told him that if he didn't comply with federal holds, he could risk losing federal grants.
In addition, he said, "I'm elected to uphold law. It doesn't matter whether there's a penalty or not."
Multnomah County has denied 63 of 628 ICE hold requests in the year since the new policy took effect.
County Chair Marissa Madrigal lauded the policy change, calling it a civil rights victory.
"Not honoring the holds is absolutely the right thing to do," Madrigal said.
The county could also save some money by ignoring the holds.
Multnomah County paid the added cost of detaining inmates on behalf of the federal government. The average inmate stayed 12 hours beyond their intended jail time, said Lt. Steve Alexander, spokesman for the sheriff's office.
"Now, our local funds can go to local priorities," Madrigal said.
Madrigal said county leaders had also heard stories of people choosing not to report crimes such as domestic violence, for fear that the assailant would be deported if they went jail. Some undocumented inmates have opted not to post bail, choosing to stay in jail longer to delay their encounter with immigration officials.
Each inmate's jail stay costs taxpayers $168 per night.
In the past, the immigration detainers have posed problems when the jail became overcrowded, forcing the sheriff to release some inmates who had not finished serving their sentences. In some cases, undocumented offenders with low-level charges were left in jail, while inmates with more severe charges were released. The sheriff's office hasn't conducted early releases for several months.
Immigrants' rights advocates cheered the policy change, calling it a victory for civil rights.
"Our communities are going to be safer because families are going to stay together, and victims and witnesses of crime are going to feel comfortable to call the police without being afraid of being caught in the deportation dragnet," said Nicole Brown, a spokeswoman for the ACT Network, a coalition of organizations dedicated to immigrant and refugee rights.
The network will host a forum on immigration holds on April 24 at Portland Community College's Cascade campus. There, community members will share stories of the impacts the detainers have had on their lives, and celebrate area sheriffs' decision to stop complying with detainer requests.
Staton said he expects other Oregon counties to follow suit after the policy changes in Multnomah, Clackamas and Washington counties.
"My hope is that other sheriffs are going to take this into consideration," he said. "They need to take note of what the law is saying now."
--Kelly House
http://www.oregonlive.com/portland/i...lifted_in.html
