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The 1996 amendments to the Immigration and Naturalization Act added a provision whereby state and local law enforcement could train with ICE and subsequently be authorized to identify, process, and when appropriate, detain immigration offenders they encounter during their regular, daily law enforcement activity. This voluntary program is known as Section 287 (g), named after the section number in the amended legislation outlining the cooperative program. Local or state law enforcement agencies that want to have authority for immigration enforcement must sign a Memorandum of Agreement with ICE and take a specialized training course (typically five weeks). Once the course is successfully completed and all related examinations are passed, the officers receive an official certification from ICE, known as 287 (g) authority, which confers special authorities regarding immigration violators. After certification, ICE continues to provide supervision and support, helping officers to identify the appropriate response once they determine a suspect to be an immigration violator. Generally, when a trained and certified 287 (g) officer encounters, during his regular activities, an individual who is an immigration violator, he or she may question and detain the individual for potential removal from the United States by ICE. Detention is particularly appropriate in cases where the individual is deemed to be a flight risk, a repeat immigration offender, or a particular threat to local or national security.
In 2002, the Florida Department of Law Enforcement was the first agency to participate in the 287 (g) program training 35 officers to assist in special task forces and street investigations. Since then, the State of Alabama trained 21 State Police officers in 2003 and another 25 State Police officers in 2006. ICE has worked with the Arizona and California Departments of Correction to ensure that criminal aliens incarcerated within federal, state, and local facilities are not released into the community upon completion of their criminal sentences. The Los Angeles County and San Bernadino County, CA jail custody specialists also undertook 287 (g) training at the end of 2006.
In February 2006, Mecklenburg County Sheriff Jim Pendergraph signed a Memorandum of Agreement with ICE to train 10 of his deputies to carry out certain immigration duties as arrestees are processed at the Mecklenburg County jail. The Mecklenburg County Sheriff's Deputies operate within the Mecklenburg County jail to interview foreign national inmates to determine whether there is probable cause of an immigration violation; complete the processing for accused criminal aliens, including fingerprinting; prepare documentation to place aliens in deportation proceedings concurrent with their prison term; and prepare documentation to deport aliens following their terms. In addition, they will refer criminal aliens to the ICE Office of Investigations for potential criminal prosecutions. The Mecklenburg County Sheriff's Office is the only local or state agency in North Carolina to participate in the 287 (g) program and is the only Sheriff's Office in the country to check every arrestee.
County Jail and Federal Immigration Detention CentersThrough their participation in the 287 (g) program, the Mecklenburg County Sheriff's Office has processed 1,205 arrestees that were not born in the U.S. and began removal proceedings for 523 between May 1 - September 1, 2006. Approximately 15% of the Mecklenburg County jail population is illegal immigrants who are accused of committing a crime other than an immigration violation. It costs the Sheriff's Office $110 a day to house an inmate at the Mecklenburg County jail. With approximately 120 inmates in the jail who are in the country illegally, local and federal taxpayers are spending approximately $4.8 million a year to house illegal immigrants in the Mecklenburg County jail. It should be noted, that once ICE takes custody of a prisoner, who still may be housed in the county jail, cost for those inmates are covered by ICE and the federal government. There is no financial data that details how much money it is costing local taxpayers to investigate and prosecute crimes involving illegal immigrants in the City and County.
A key issue facing Charlotte and Mecklenburg elected officials is that the Mecklenburg County jail is presently filled over capacity, even when illegal immigrants being held in the jail are not factored in. ICE could help with the overcrowding by promptly removing illegal immigrants while they wait for deportation or prosecution in a federal immigration detention facility, yet the federal government is short on detention spaces as well. The current ICE detention system consists of over 400 state and local facilities, such as the Mecklenburg County jail, plus seven contract detention facilities, eight ICE-owned facilities, and five Bureau of Prison facilities. In total, the ICE detention program has a funded capacity of approximately 20,375 beds for a diverse population from all over the world and individuals and families of every age group.
Given the lack of detention space, the Mecklenburg County jail will continue to be needed by ICE to hold prisoners scheduled for deportation or prosecution. North Carolina presently does not have a federal Immigration detention facility, but there are two in the Southeast, both in Georgia, that can hold up to 2,300 detainees. There are 15 immigration dedicated detention facilities in the United States and one in Puerto Rico. Only eight states have federal immigration detention facilities including four in Texas, three in California, and two in New York.
Immigration Court
In addition to the jail crowding and detention space issues, Charlotte does not have a federal Immigration Court. The closest one that serves the entire Southeast is located in Atlanta, GA. The caseload for the Atlanta Immigration Court grew 18% between 2003 - 2004 due in large part to North Carolina's growing illegal immigrant population. North Carolina had a 273.7% increase in its foreign born population between 1990 - 2000. Despite this situation, 16 states have significantly less illegal immigrants in their state than North Carolina, yet they have an Immigration Court. One such example is the state of Louisiana, which has an estimated 35,000 illegal immigrants compared to North Carolina's 300,000. Louisiana has an Immigration Court and North Carolina does not. The critical rationale is that the four hour distance between Charlotte and Atlanta makes transportation a barrier for some people to make their court date in Atlanta, not to mention the lack of motivation for an illegal immigrant to show up for a court hearing in Atlanta. The placement of Immigration Courts is determined by the Department of Justice, and U.S. Representative Sue Myrick of North Carolina and other members of the North Carolina Congressional delegation have requested an Immigration Court for Charlotte.
Deportations and Prosecutions
All deportation policies and processes are dictated by federal law and are coordinated by the Department of Homeland Security's division of Immigration and Customs Enforcement (ICE). The federal government's policy has not been to deport people just because they are in the country illegally, but rather to focus on those illegal immigrants who commit crime and to prosecute them for the crime and then deport them after they have served time for the crime.
In the past, Prosecutors and local law enforcement were more interested in seeing criminal illegal immigrants deported out of the country and not necessarily fully adjudicated for the crimes committed. The thought that the U.S. judicial system could save time and money for other cases by deporting the criminal illegal immigrants, rather than loading up the courts and jail/prison system with illegal immigrants has begun to change with more interest in victims' rights. Oftentimes, victims of crimes committed by illegal immigrants are interested in seeking justice, including time served in jail or prison for the crime, rather than deportation with no jail time, regardless of cost.
Law enforcement has seen many instances of people being deported only to return to the United States again within three days. Under the new 287 (g) program the Mecklenburg County Sheriff's Office has identified 68 illegal immigrants who had been deported at least once, but came back to the United States. They have also identified another 55 illegal immigrants who had outstanding warrants for failing to leave the country after previously being ordered to do so by the federal Immigration Court. Further, local police are seeing the same scenario with gang members. Once they are deported, they often make their way back to meet up with their friends.
The U.S. does not have reciprocating agreements, whereby the home country of an individual deported from the U.S. has no obligation to prosecute their citizen for a crime in the U.S. nor implement an incarceration action imposed in the U.S. However, the Country of Mexico and the U.S. did sign a "Prison Transfer Treaty between the USA and Mexico" on November 25, 1976. This Treaty allows each state to become a signatory and upon request, the Country of Mexico will transfer Mexican citizens who are prisoners in North Carolina, or any other state, to complete their full sentence in a Mexican prison after they have served half of their sentencing term in the U.S./State. The sentencing for some crimes is required to be served for 2/3 of the time in the U.S. before the petition can be made to transfer to Mexico. The states surrounding North Carolina have all signed the Treaty Agreement and the North Carolina Legislature adopted it in 2002. The Treaty went into effect in North Carolina in January 2003. This Treaty also allow for a U.S. citizen sentenced in Mexico to complete their sentence in North Carolina, after a determined amount of time is served in Mexico.
Charlotte and North Carolina have been galvanized in recent years over deaths caused by illegal immigrants who were driving while intoxicated (DWI) by alcohol. One such incident was when a man named Scott Gardner, from the Charlotte region, was killed while driving near the Atlantic coast in North Carolina by an illegal immigrant. The illegal immigrant had five previous DWI charges, and was convicted on four of them, and still allowed to remain in the U.S. and out of prison.
There are many tragedies involved in the Scott Gardner situation, from the lack of full prosecution, to the fact that an illegal immigrant remained in the United States after repeat violations. Many individuals have wondered why the illegal immigrant was not deported for the multiple DWI offenses under our immigration laws. Under North Carolina law, driving while impaired is a misdemeanor offense; no matter the citizenship status. DWI is not considered a crime involving "moral turpitude." Therefore, a conviction for this offense does not make an immigrant subject to deportation, unless other aggravating factors exist. Legislation was proposed in the 2005 - 2006 session of the U.S. Congress to make drunk driving a deportable offense, but it was not enacted by the full Congress.
Local Police EffortsWhile Prosecutors address criminals who are immigration violators, local police are trying to balance their role in addressing not only the rise in illegal immigrants, but Charlotte's growing international population. In 2000, the Charlotte-Mecklenburg Police Department (CMPD) created the International Relations Unit to help enhance relations and address the unique needs of the City's growing international community. The unit is comprised of six officers and one Sergeant. A requirement for the unit is that each officer must be fluent in a second language or understanding of a second culture. Through this structure the police department is able to address the challenges of communication and also assist in understanding cultural differences.
Along with a rise in Charlotte's population growth, there has also been a rise in the number of gangs and gang members in Charlotte, including international or ethnic gangs. In 2003, CMPD created the Gang Intelligence Unit to track the 100 known gangs and more than 1,800 known gang members in the community . Of the 100 known gangs in Charlotte, five specifically recruit foreign nationals or illegal immigrants of Hispanic heritage. The five gangs include Mara Salvatrucha 13 (MS 13), Surenos 13 (Sur 13), 18th Street, 42 Street Little Criminals (42LC), and the Malditos. Of these five gangs, MS 13 and 18th Street both have a strong presence and operation in the country of El Salvador. The membership of all these gangs consists of people from the countries of El Salvador, Guatemala, and Honduras, with the exception of Malditos, which recruits and consists of Mexican nationals.
CMPD has a strong working relationship with numerous federal agencies and participates in the GangNET tracking and searchable computer database to address gang members and issues. The use of GangNET and cooperation with regional and federal law enforcement agencies has resulted in the deportation of more than 150 Charlotte gang members between 2003 and 2005.
National SecurityThe concern for national security, particularly along our nation's borders, has received sharp attention since September 11, 2001 and has been a key issue in the debate over illegal immigration. The fact that so many have been able to enter this country illegally across our borders with Mexico and Canada continues to be of grave concern. One policy that has generated much support, throughout the country and in the Congress, is enhanced immigration enforcement at our borders to increase national security. From adopting legislation that will erect a fence along the Mexican border to hiring more border agents, the federal government has taken a strong approach to border protection in the past two years.
The border with Mexico extends nearly 2,000 miles, touches four states, and has 43 ports of entry, with 18 in Texas connecting with major U.S. highways. The border with Canada extends more than 5,000 miles and touches thirteen states. The U.S. Customs and Border Protection (CBP) agency within the Department of Homeland Security is responsible for securing the borders, by preventing and detecting illegal entry of goods and people into the U.S. In 2006, CBP had 11,000 agents patrolling 6,000 miles of the international border with Mexico and Canada . In addition to federal agents, state and local law enforcement also patrol the border areas. In 2006, President Bush also assigned up to 6,000 National Guard members to help CBP in border patrol functions.
In 2005, the Border Patrol apprehended approximately 1.2 million illegal immigrants; of those 165,000 were from countries other than Mexico. Of the non-Mexicans detained, 650 were from special interest countries - those "designated by the federal intelligence community as countries that could export individuals that could bring harm to our country in the way of terrorism." The drug trade is also a key border issue with 1.1 million pounds of cocaine and 6.8 million pounds of marijuana being seized in 2005.
Federal law enforcement estimates that only 10 to 30 percent of the illegal immigrants are actually apprehended and only 10 to 20 percent of the drugs are seized. This reflects that 4 to 10 million people crossed the border illegally in 2005 and as much as 5.6 to 11.2 million pounds of cocaine slipped through the border undetected.
Lax border security poses a triple threat of drug smuggling, illegal and unknown crossers, and rising violence which are putting pressures on the Border States and communities, as well as the entire country. While border security is clearly a federal issue and a main concern for those jurisdictions along the border, it also has significant ramifications for the interior parts of the country as well. As was documented, Charlotte has deported criminals only to have them slip back through the border and back into the community.
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