Agents will target criminal migrants
Illegal immigration - Action to deport those in jails might have good, bad effects
FACTBOX

• Inmates held
Monday, May 28, 2007
ESMERALDA BERMUDEZ

Federal agents are preparing to bear down on illegal immigrants as the number of Oregon and Washington enforcement teams increases fivefold.

This summer, they will focus on seizing and deporting criminal immigrants from jails and prisons across the Northwest.

Joining an office in Medford, new teams of Immigration and Customs Enforcement agents will be based in Portland, Eugene, Seattle and Yakima. Their investigations will target foreigners who are in the country illegally and those here legally who are not yet U.S. citizens.
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Under the program, apprehensions across the Northwest are expected to double or triple in as little as a year. Last year, 209,353 immigrants were deported nationwide. Of those, 89,499 were criminals, who were deported under the current less-focused approach. The federal agency doesn't release data by region or state.

Increased attention to criminal illegal immigrants comes as Congress debates a measure that could have far-reaching effects on the estimated 12 million people living illegally in the United States.

Supporters say increased enforcement is a step toward removing the worst offenders and safeguarding the public, but they also question its effectiveness. Critics caution that the enforcement boost will unfairly target people charged with minor crimes and overwhelm federal resources, including judges and detention centers.

"Congress has indicated that terrorism and public safety are top priorities," said Neil Clark, field office director for Immigration and Customs Enforcement's detention and removal operations in Seattle. "Aliens that are criminals will be arrested and convicted, and if they're subject to removal, we're going to get to them before they get back on the street."

Officials will not say how many new agents will be added in Oregon and Washington. Nationally, the figure totals in the hundreds. The agency has requested an additional $28.7 million next year for the Criminal Alien Program. If granted, the program's budget would increase to $168 million.

Agents will track Oregon and Washington inmates flagged as foreigners by jail and prison managers. If the person is deemed deportable, the inmate would complete his sentence and typically be relocated to the immigration agency's detention center in Tacoma. There, deportation proceedings, which can include months of appeals, will begin.

Ultimately, Clark said, agency leaders would like to complete immigration proceedings while inmates are behind bars so they are deported upon release.

Distinguishing targets

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Agents will target criminal migrants
FACTBOX

• Inmates held
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Immigration attorneys agree that high-risk criminals should be deported, but they say laws guiding removal agents make little distinction among criminals. They argue that many nonthreatening immigrants will be included in the sweeps. Rather than spend resources prosecuting shoplifters and identity thieves, they say the agency should zero in on violent criminals.

"It's too much of a race to get people out," said Kari Hong, a lawyer who handles immigration cases in Portland and Oakland, Calif. "People see categories, rather than facts of the crime. And when you try to remove people by categories, you're going to catch many who are not a danger to society."

Others caution that the immigration agency's campaign might encourage police to go after illegal immigrants or that it could discourage immigrants from reporting crimes, such as domestic violence, that could lead to their own deportations.
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Immigration agents sifting through detainee records at Oregon and Washington jails and prisons have discretion to prioritize and consider the gravity of crimes they encounter, Clark said. But the law gives agents the right to take in any illegal immigrant in the criminal system.

"I'm going to accomplish as much as I can," he said. "If I can do the complete workload, I will. If I can't, then I'm going to get to the worst criminals first."

Questions of impact

As unclear as the effect might be, the plan is a move in the right direction, says state Rep. Linda Flores, R-Clackamas. It keeps close track of illegal immigrants and has the potential to save taxpayers money. But she questions any specific benefits for Oregon and Washington.

"This is not an easy situation," Flores said. "I want to see what their outcomes are expected to be, and hope they're going to accomplish what they should."

Flores and Rep. Kim Thatcher, R-Keizer, this year unsuccessfully pushed for state legislators to pressure Congress to reimburse Oregon for the cost of jailing illegal immigrants.

During the 2006 fiscal year, Oregon spent $31 million to house 1,722 inmates who were deemed deportable but had not completed their sentences. Federal funds are expected to cover an estimated $3.5 million of the bill.

In coming months, agents will begin daily reviews of inmates at the Department of Correction's Wilsonville intake center. Efforts could decrease the number of criminals freed into the community and relieve parole officers charged with supervising inmates after release.

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Agents will target criminal migrants
FACTBOX

• Inmates held
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But in the long run, it's difficult to say whether the increased and quicker deportations will help because offenders might sneak back into the United States, said Nancy Sellers, an Oregon Department of Corrections spokeswoman.

Stretching resources

In some parts of Washington and Oregon, video interviews and electronic tracking have made it easier to keep tabs on jailed criminal immigrants.

The new technology saves agents from making trips to read inmate records. But because of limited time and money, it could take years before agency leaders implement those tools at all jails and prisons.
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Meanwhile, lawyers managing criminal immigrant cases argue that the Northwest system already is at capacity.

"This increase is going to be a much heavier burden on an already burdened immigration court," lawyer Glen Prior said.

Detainees must be given a chance to argue their cases, and that often takes significant time, the Fife, Wash., lawyer said.

Having enough resources might be a future concern, but the federal agency is prepared to ask for more money, Clark said.

The Tacoma detention center is nearing its 1,000-person capacity three years after it opened. To help handle the increased load in the Northwest, two judges will be added at the end of the summer. Limited resources will not slow the plan, said Lori Dankers, an immigration agency spokeswoman.

"It doesn't change the job we have to do," she said.

Esmeralda Bermudez: 503-221-4388; ebermudez@news.oregonian.com

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