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Change in reporting of jailed immigrants on tap

By Lou Kilzer, Rocky Mountain News
June 2, 2005

Denver officials may decide today how to change the way immigration officials find out about foreign nationals in city jails.

Federal agents, who met with city staff Wednesday, have long had access to the city's general prisoner lists, but a separate list specifically naming foreign nationals has not been sent to immigration agents, said Denver Safety Manager Al LaCabe.

That policy proved controversial after the shooting death last month of Denver police Officer Donald Young, allegedly at the hands of an illegal immigrant with a short history of traffic tickets.

In the following days, Denver jail officials revealed that of more than 270 foreign nationals then in the city's jails, only 35 had immigration holds.

It is not known how many of those are in the country illegally or can be deported, and Denver officials said it is not their policy to send the names of all foreign nationals to immigration officials to determine their legal status.

However, some of those not on the federal hold list are being jailed for serious crimes.

That some of those might slip through the cracks and remain in the country illegally has become a political hot potato.

U.S. Rep. Tom Tancredo charged that the city has a sanctuary policy that "prevents local law enforcement from cooperating with federal officials on immigration matters."

The city denies the charge.

Denver police procedure says that if an undocumented immigrant is arrested, a "refer to immigration" charge will be added to the file, and the sheriff will report the inmate to immigration authorities.

However, the sheriff's department does not turn over a list of suspected foreign nationals to federal agents.

The mayor's office says that's because police procedure does not apply to the sheriff's department and that it's not the city's job to determine immigration status.

But the sheriff's department does compile a list of foreign nationals so that consulates can be notified when a citizen is in jail.

Immigration officials now will have access to that list, Denver officials say, but the city is still discussing how the new policy will work. During the meeting Wednesday, the city learned that agents might be able to gather that information using existing procedures and computers.

That would mean the city would not have to directly give federal agents the foreign national list, LaCabe said.

Jeff Copp, agent in charge of the Denver regional office of the Immigration and Customs Enforcement office, said last week that his agents would begin routinely asking for the list.

He said that having the list "will make our job a lot easier."

LaCabe said that he has asked Denver Director of Corrections Fred Oliva to do some more research today before a final decision is made.

Said LaCabe: "We are going to get this worked out."

Notification varies by county

Jails in Colorado handle suspected illegal immigrants in a variety of ways. Some approaches used in four Front Range counties:

• Adams: Calls Immigration and Customs Enforcement officials if it suspects an inmate may be an illegal immigrant.

• Arapahoe: Notifies ICE by computer whenever an inmate born in another country is booked into the county's detention facility.

• Denver: Notifies ICE of inmates who are the subject of hold requests; does not routinely send the federal government lists of jailed foreign nationals.

• Jefferson: Calls ICE before an inmate is released if there's evidence the inmate was born outside the U.S.