In HB 1804's first month, no Tulsa arrests
by: NICOLE MARSHALL & CURTIS KILLMAN World Staff Writers
12/9/2007 12:00 AM



The number of local immigration detentions has fallen since September, law enforcers say.

Tulsa law enforcement leaders say it has been business as usual in the month since a new immigration law took effect.

No arrests for violations of the law, known as House Bill 1804, have been made in the city, they said last week.

The law, passed in the Legislature's last session, makes it a felony to knowingly transport illegal aliens, requires proof of citizenship to receive certain government benefits and creates barriers to hiring illegal immigrants. After July 1, it will require contractors to check the immigration status of workers.

Chief Deputy Tim Albin of the Tulsa County Sheriff's Office and Tulsa Police Chief Ron Palmer said one of their main goals has been to dispel rumors and educate people about law officers' role in enforcing the law.

Palmer said, "We are continuing to work with the Hispanic community to get this information out and let them know that even though some people believe we are making wholesale 1804 arrests, the TPD has made no 1804 arrests in the 30-day period following the enactment of the law."

Surge in June, then decline: Albin said the number of people held in the Tulsa Jail on immigration issues jumped in June for several reasons, including increased cooperation between jail workers and U.S. Immigration and Customs Enforcement agents.

Those immigration detainers -- orders to hold a prisoner -- have nothing to do with the state law.

A Tulsa World analysis of jail records shows that the number of immigration detentions has decreased each month since September.

In November, the month HB 1804 took effect, 105 people were booked into the jail on immigration detainers.

The number of people jailed on such detainers was 133 in October and 143 in September. In August, 110 immigration detainees were booked into the jail.

Albin said "all the moons lined up, so to speak" at the beginnning of June.

The Sheriff's Office entered into a partnership with ICE that allows deputies to access ICE records directly. Deputies can also place and release detainers on inmates who are in violation of immigration laws.

Political leaders were also weighing in on the issue in June.

After the City Council approved a resolution on the matter, Mayor Kathy Taylor issued a policy clarification that month stating that police will conduct immigration checks on all people who are arrested on complaints of felonies and full-custody misdemeanors.

U.S. Rep. John Sullivan, R-Okla., called for the policy clarification.

About that time, several high-profile cases exposed holes in the system when undocumented immigrants were booked into the jail and released on bond.

"We decided we have got to figure out how to address this, and many agencies came together to do just that," Albin said.

But the reason for the decrease in holds during the last few months is not as obvious, he said.

Those numbers could fluctuate because of law enforcement task forces targeting certain types of crimes, he said. Also, jail populations are cyclical, so numbers may change based on "many things that are happening outside the jail," he said.

Albin also noted that many people who are being held now for federal immigration officials have been in the jail before, released on bond and arrested again on warrants.

Reasons for arrests: In all, 5 percent of all people booked into the Tulsa Jail in November had complaints that included ICE detainers.

Driving-related issues snared most of those held for ICE.

Failure to have a driver's license was the chief arrest complaint among the detainees, with 84 people booked last month on that offense.

Having no proof of vehicle liability insurance ranked second, with 55 people booked on that complaint.

Nearly one in four of those held for ICE in November -- 23 -- were booked on complaints that included driving under the influence.

A handful of those with immigration holds were also facing more serious charges.

Seven face various sexual assault charges.

"We are trying to arm people with facts so that they can make good decisions," Palmer said.

"If you are driving drunk, if you are driving without a driver's license . . . or even committing the smallest traffic violations, if you can't produce valid ID to satisfy the court of who you are to ensure your appearance in court, the likelihood is that you will be detained," he said.

"At that point, if there is still a question about the ID, the likelihood of you being checked with ICE is really pretty good based upon what the Sheriff's Department is doing with their agreement with ICE agents."

Crime victims protected: One misconception is that illegal immigrants who are victims of crime will automatically be deported if they notify authorities. That's not true, Albin said.

He cited as an example a case that led Tulsa deputies to arrest two illegal immigrants, Pedro and Rosalio Morin, last month on complaints alleging that they sexually assaulted a female relative, who is 11.

The girl -- who told detectives that she had been molested since she was 7 -- and her family are also in this country illegally, he said.

Charges have not yet been approved against the Morin brothers, who remain in custody. If charges are approved, county detectives and ICE agents can start considering what they can do to help the girl and her family obtain legal status while the case progresses through the courts.

There is a path to permanent status for crime victims, Albin said, but many factors must be considered and each case is viewed individually.

Palmer said police have also been explaining to Hispanic residents that police will not target them because of their race.

They have encouraged people who believe they were targeted because of racial bias to file complaints, and they have assured them that their immigration status will not be checked if they do so.

Such complaints "have not been appreciatively higher" since the law took effect, Palmer said.

The department has handed out hundreds of cards to Hispanic residents explaining the difference between a ticketed arrest and an in-custody arrest, he said.

"We think we are making some progress in regard to the fear factor," Palmer said.

"There are still people concerned out there, but there are still people out there who are in fact driving without a license and driving without insurance, and that fact can't be denied."
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