Undocumented jail prisoners mirror metro area population
State records - Types of crimes and prisoner numbers differ little between legal and illegal residents
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Sunday, August 19, 2007
ESMERALDA BERMUDEZ
The Oregonian Staff

In Oregon state prisons and Portland metro-area jails, presumed illegal immigrants make up a small percentage of those behind bars, and their crime rates are on par with the general population, statistics show.

The types of crimes that send them to prison also compares with the general inmate population, according to a review of state records.

And though the combined cost to state taxpayers of incarcerating these inmates exceeds an estimated $26 million a year, prison and jail authorities are split on how much of a problem illegal immigrants pose.
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From Oregon to New Jersey, crimes committed this summer by illegal immigrants have come under scrutiny, riling critics who blame unauthorized foreigners for overburdening the criminal system.

Some people caution that recent events should not be used to typecast the illegal immigrant community. Others point to two illegal immigrants accused in the Clackamas County slaying of 15-year-old Dani Countryman and contend that crime among those who slip into the country without permission is significant, much more than figures show.

In Oregon's state prisons, more than 1,000 inmates have federal immigration "detainers," meaning they will probably be deported after serving their sentences. That is about 7 percent of the state's inmate population of 13,300.

Their crimes mirror those most commonly committed by other convicts in the state prisons: sex violations, assault, rape, drugs and murder.

And they represent 0.6 percent of the estimated 175,000 unauthorized immigrants in Oregon, even as the remaining prison population represents 0.3 percent of the state population.

Numbers show that disproportionate violence among illegal immigrants is a matter of perceived threat, not reality, says Randy Blazak, associate professor of sociology with Portland State University.

"We must remember not to generalize a group of people based on the actions of an individual," he said.



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But jail and prison figures are sorely underestimated, said Jim Ludwick, president of Oregonians for Immigration Reform. A fool-proof system of status checks in state and county facilities would reveal that many more illegal immigrants are committing crimes.

"It's not profiling," he said. "The truth is the truth."

"Part of the larger mix"

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As of early July, fewer than 100 inmates in Multnomah, Washington and Clackamas county jails had "immigration holds" placed on them by U.S. Immigration and Customs Enforcement, with help from local authorities. Those inmates represented less than 4 percent of the nearly 2,600 inmates in the three county jail systems.

Inmates are flagged through a series of checks that differ from one agency to another. Some people are in the country illegally, and others are permanent residents whose status is at risk because of the seriousness of their crimes.

Other illegal immigrants slip through the system without being signaled and, as a result, are not deported. Alejandro Emeterio Rivera Gamboa, one of two men charged with the July killing of Countryman, went unflagged despite two convictions for drunken driving in 2006.

Officials with the Department of Corrections and Multnomah County say inmates with ICE holds do not pose additional challenges to the system.

"They're just another part of the larger mix," said Capt. Jay Heidenrich, facility services commander for Multnomah County jails.

Though the county's two jails (with a capacity of 1,690) periodically face overcrowding, the 40 or so inmates with immigration holds have no impact on operations.

In Washington County, Sheriff Rob Gordon sees things differently. The jail, with its 572 beds usually full or close to full, does not struggle with capacity problems as it did two years ago.

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But limited space still puts the jail in a Catch-22 when it comes to illegal immigrants. The more inmates there are with ICE holds, the less room there is for the general inmate population, Gordon said.

"You hear a lot of people say, 'Stop them if they go to jail. They should have a hold,' " he said. "But we don't have unlimited space. ICE isn't going to open new jails for us, and jails are expensive to run."

The problem intensifies in the Clackamas County jail, where overcrowding is severe. Four hundred to 500 inmates are force-released monthly for lack of space. Those with ICE holds don't enter the equation. In late June, six inmates out of about 350 had holds.

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"Even if it's three beds," said Detective Jim Strovink with the Clackamas County Sheriff's Office, "we have to ask ourselves, 'Who else can we release that's the least danger to society?' "

Illegal immigrants convicted of drunken driving, like Rivera Gamboa, are more likely to dodge an ICE detainer in Clackamas County because the majority of those people are released before arraignment because of space concerns.

Steady level over decade

Though attention to illegal immigrants has magnified in the past two years, Oregon's population of inmates with ICE detainers has remained at about 7 percent for more than a decade.

That, to some, brings little relief.

"If illegal aliens weren't in our country in the first place, those crimes wouldn't be occurring," said Ludwick, one of Oregon's most active anti-illegal immigration advocates. "It wouldn't eliminate crime. But we've got enough homegrown rapists and murderers. We don't need to import more."

From his cell at Snake River Correctional Institution in Ontario, Leobardo Pardo-Torres said he understands he should be deported.

The 33-year-old is serving three years for a drug conviction. He left Michoacan, Mexico, six years ago, entered the United States illegally and eventually settled in Salem with his wife and children. He worked selling auction cars until he was arrested in March.

Now, with two years of his sentence remaining, Pardo-Torres has a soccer-ball-size hernia he's suffered with for more than a year. He says he needs surgery but has been told the state considers his procedure too costly.

State officials said illnesses of illegal immigrants are treated the same as the general population, and his case "is not an emergency situation." When Pardo-Torres completes his sentence, he will be turned over to federal immigration officials and eventually deported.

"It's not a matter of whether I deserve to be kicked out of the country," Pardo-Torres said in a telephone interview. "I accept I made a mistake, and I need to leave because it's the best thing for this country."

Before he goes, however, he said he plans to ask the state to train him with a professional trade so he can make a living when he returns to Mexico.

"This way I won't have to return," he said.

Esmeralda Bermudez: 503-294-5961; ebermudez@news.oregonian.com

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