Jails vary in checks on inmate citizenship
Illegal immigrants -

Local and U.S. agencies travel different paths

Saturday, August 11, 2007
ESMERALDA BERMUDEZ
The Oregonian
With no direction from federal immigration agents, local jails and prisons rely on a mishmash of standards to flag illegal immigrants in the system.

And while immigration officials say they screen every foreign-born inmate in many counties across southern Oregon, their reach remains limited in the state's most populous counties.

In places such as Multnomah and Washington counties, booking clerks and other staff are left to identify deportable inmates through a system that is driven by collaboration, not federal law. And the threshold for when local authorities call federal officials varies widely and may not include anyone arrested on a misdemeanor.

The gap represents a disconnect that exists between the activities of Portland-area police agencies, which focus on enforcing local and state laws, and those of the federal officials, who enforce immigration law.

Illustrating the problem is the recent arrest of Alejandro Emeterio "Alex" Rivera Gamboa, accused with his cousin in the death of 15-year-old Dani Countryman in Milwaukie. Portland-area police arrested Rivera Gamboa four times on drunken driving charges during the past seven years, yet his immigration status was not checked by local or federal authorities. Rivera Gamboa and his cousin have told authorities they came into the country illegally.

"We're doing everything we can," said Neil Clark, field office director for U.S. Immigration and Customs Enforcement's detention and removal operations in Seattle. "There are gaps, and we're trying to close them."

In coming months, the federal immigration agency is increasing the number of agents in Oregon and Washington who track jail and prison inmates flagged as foreigners. And this summer, a federal agent will move into office space at the state Department of Corrections' Wilsonville intake center to begin daily reviews of inmates.

The new focus is expected to double or triple apprehensions across the Northwest in as little as a year.

The federal agency dedicated more resources to the less densely populated part of the state first because "a little cup is easier to handle, but with a big cup it's difficult," Clark said.

ICE has asked authorities in local jails to report suspected illegal immigrants. And local agencies across the country also have the ability to request training from federal immigration officials to identify and report illegal immigrants, Clark said. But until now, no agency in Oregon has requested such help.

State law prohibits local police from using agency money or equipment to identify or arrest people who are in the country illegally.

Although jails across the Portland area can expect to see more help from federal agents in coming months and years, for now each agency continues to follow policies set locally.

In Multnomah County, deputies at the two jails aren't allowed to ask inmates whether they're in the country legally. But jail employees will call immigration officials if a new arrival may be considered deportable, authorities said. Most often that happens when police officers have flagged the suspect as a possible illegal immigrant.

Incoming inmates are also run through a state database that signals whether the person is wanted by Immigration and Customs Enforcement.

"If we get a hit, we make the call," said sheriff's spokesman Lt. Jason Gates.

"We do it as a courtesy," he said.

Multnomah County Sheriff's Sgt. Phil Anderchuk says he's never seen an ICE official in the jails' booking area. He suspects that many illegal inmates are booked into the jail and later released without ICE ever knowing.

"Invariably, they flow in and out of here, and the only one who's the wiser is them," Anderchuk said.

Clark says the federal agency struggles with the significant number of inmates that flow through jails in the state's high-population counties, but he said agents are present.

"We have two officers that work in Multnomah County," he said. "We don't keep track of every minute they're there, but they do interview people who have been identified."

In Washington County, several triggers could lead booking clerks to notify ICE about an inmate: foreign-born people who have committed felonies, inmates who admit they're illegal, inmates whose criminal records show immigration agents are searching for them, and reasonable doubt, according to Sgt. David Thompson, a sheriff's spokesman.

In Clark County, inmates are asked upon entry in a questionnaire whether they are illegal. They're also run through a national system, which would signal a red flag if the person has been arrested or deported before, according to Cmdr. Kimberley Beltran.

"We don't have a way of investigating them," she said. "We're not profiling. It's self-reporting until it comes to fingerprints."

In Marion County, ICE periodically looks at the online jail roster and puts holds on people, said Detective Kevin Rau, the sheriff's office spokesman.

That doesn't mean that those who are targeted are in the country illegally. They may have a name similar to someone wanted by ICE, Rau said.

People who are arrested on drunken driving charges get almost no scrutiny. They are cited and released, Rau said. An illegal immigrant "would be treated just like anyone else."

In Clackamas County, the sheriff's office may notify ICE if a suspect has a green card, temporary residency or appears to be a foreign national using false identification, said spokesman Sgt. Lee Eby.

At times, "they aren't here long enough usually . . . to get identified" as illegal, Lt. Mike Alexander said, referring to the often rapid release of Clackamas County inmates jailed for low-level crimes.

Last year, 195,024 immigrants were deported nationwide, including 88,662 who were convicted of crimes other than illegal entry. In a region that includes Oregon, Washington and Alaska, 4,674 immigrants were deported, including 2,055 criminals.

"We're still trying to develop a process to become more efficient," Clark said. "We're still moving forward. It just can't happen overnight.

Reporters Aimee Green, Mark Larabee, Steve Mayes and Sarah Hunsberger contributed to this report. Esmeralda Bermudez: 503-294-5961; ebermudez@news.oregonian.com



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