Thread: N.C.: Sheriff reports on 287 (g) program

Sheriff reports on 287 (g) program

7 comments

February 23, 2011 5:38 PM
Chris Lavender / Times-News


GRAHAM — A high percentage of undocumented immigrants living in Alamance County who are assigned to appear in federal immigration court after they are arrested for a criminal violation, but not detained, fail to appear in court.

That was the message Alamance County Sheriff Terry Johnson presented on Tuesday to the Alamance County Board of Commissioners. Johnson said about 25 percent of the county’s undocumented immigrants taken into custody for committing a crime are serious offenders and usually give false names to law enforcement when they are apprehended.

Johnson explained to the commissioners on Tuesday what the sheriff’s department’s role is in dealing with undocumented immigrants through a partnership with federal law enforcement.

The sheriff’s department implemented the 287 (g) program in 2007 in partnership with U.S. Department of Homeland Security. The program trains and authorizes local law enforcement and jailers as federal Bureau of Immigration and Custom Enforcement officers. The program is under federal control.

Johnson said when undocumented immigrants commit a crime, they can be processed two ways. The first processing method is to have an immigration detainer placed on the offender and held in jail until any state charges are dealt with. Then the offender is sent to federal immigration court, where processing takes place.

An immigration detainer is a tool used by federal officials to identify potentially deportable individuals who are housed in jails. The detainer requests that local law enforcement notify federal officials before a suspected undocumented immigrant is released so federal officials can take over custody.

A second processing method is to have the offender allowed to leave jail on his or her own recognizance with no detainer and a court date is set for appearance at federal immigration court. If the offender fails to appear in court, then his or her name is listed in the national crime information center, where it can be retrieved by U.S. Immigration and Customs Enforcement officers who will attempt to apprehend the individual.

Johnson said the sheriff’s department does not have the authority to target undocumented immigrants who fail to appear in court. This job is left up to the ICE officers.

However, Johnson said if sheriff’s deputies stop an undocumented immigrant during a traffic stop who is wanted for failing to appear in federal immigration court on an outstanding violation then an arrest can be made. Johnson said there have been a few cases in which undocumented immigrants wanted by ICE officers have fled Alamance County to hide from authorities.

Johnson provided the county commissioners with a report this week that showed the results of the county’s undocumented immigration enforcement since 2007 through a federal partnership.

According to the report, there have been 12,894 people detained in the Alamance County jail through ICE, 287 (g) and the Criminal Alien Program. All of these inmates were held at the jail in ICE officers’ custody.

So far in 2011, there have been 407 people held at the jail through immigration enforcement programs, with 3,299 people held at the jail in 2010, 3,792 people held in 2009, 4,102 people held in 2008 and 1,294 people held during May to December in 2007.

According to the sheriff’s department report, of these 12,894 detainees held at the jail through ICE, 287 (g) and CAP there were 2,022 undocumented immigrants that were identified, interviewed and charged during the past four years. Since 2007, there were 1,491 immigration detainers filed against these inmates and 1,555 inmates were placed in removal proceedings for deportation.

Ninety-eight of these undocumented immigrants held at the jail had already been deported and had re-entered the United States and 49 were previously ordered to be deported but remained in the country.

Last month, ICE interviewed 31 detainees at the Alamance County jail to determine their immigration status. Fourteen of these detainees had a prior immigration arrest or criminal arrest record. Immigration detainers were filed against 23 of these detainees.

Criminal charges against the detainees included fraud, larceny, stolen property, sex offenses, driving while intoxicated and traffic offenses including driving without an operator’s license.

Sixteen of the 23 undocumented immigrants detained at the jail were from Mexico, two were from China, two were from El Salvador, one was from Guatemala, one from Honduras and one was from Macao.

Sheriff’s Department spokesman Randy Jones said on Wednesday not all arrests leading to immigration detainers were done by the sheriff’s department. The 287 (g) report includes arrests made by all of the local law enforcement agencies in municipalities inside Alamance County as well.

“It’s from all sources,â€

"This is my favorite video!"

http://www.youtube.com/watch?feature=pl ... tWD4#at=40

Great Job Alamance County! Keep up the great work!