10 — THE BAKER COUNTY PRESS FRIDAY, JULY 17, 2015 Local Is Baker County a sanctuary? CONTINUED FROM PAGE 1 At the time of the murder Sanchez had fi ve prior de- portations and was a sev- en-time convicted felon. He had been released from a federal prison after serv- ing a four-year sentence for previous immigration violations. Not long after being released from federal prison Sanchez was again arrested in San Francisco and jailed on charges of illegal drug distribution. Several days after being arrested on the charges against Sanchez were dis- missed and he was released from jail even though Department of Homeland Security - U.S. Immigra- tion and Customs Enforce- ment (ICE) had requested local law enforcement in San Francisco detain San- chez for federal deporta- tion proceedings. City offi cials in San Francisco refused to honor the ICE detainer request and released Sanchez. Sanchez reportedly had gone to San Francisco to look for work knowing that the city had enacted a policy declaring San Francisco a sanctuary city for illegal immigrants. The refusal by San Francisco law enforcement to honor the ICE detainer request on Sanchez and the subsequent murder sets the stage for a closer look at immigration policy and how deportation of illegal aliens are handled in 21st Century America. Steinle’s murder also illustrates the danger to citizens from a failure in the system to deal with the criminal il- legal alien. ICE report claims local law enforcement fails to honor detainers. The label of “sanctuary” community has hit close to home here in northeastern Oregon after the organiza- tion Center for Immigra- tion Studies (CIS), a large non-profi t, non-partisan think-tank concentrating on immigration related is- sues, recently released a re- port and map labelling 276 cities, counties, and states across the United States, including Baker County, as “sanctuary” communities. “More than 200 cit- ies, counties, and states across the United States are considered sanctuaries that protect criminal aliens from deportation by refus- ing to comply with U.S. Immigration and Customs Enforcement (ICE) detain- ers or otherwise impede open communication and information exchanges between their employees or offi cers and federal im- migration agents,” wrote the CIS. The CIS bases their report and map on an ICE report, titled “Declined Detainer Outcome Report,” prepared by ICE on Oc- tober 8, 2014. The Center for Immigration Studies obtained the ICE report through a Federal Freedom of Information document request. “ICE didn’t use the term ‘sanctuary’ in their report,” said Jessica Vaughan, CIS’s Public Policy Studies Director, during a tele- phone interview July 13. Vaughan explained that the term was used by CIS after looking at ICE’s Declined Detainer Outcome Report. While not using the term “sanctuary,” the ICE report identifi es states, coun- ties, and cities that they claim, “will not honor ICE detainer.” After receiving the ICE report the CIS labeled 30 of the 36 Oregon counties, Baker County included, to be “sanctuary” counties for illegal immigrants. Baker County, Oregon, on page 21 of the ICE report, is identifi ed as one of the counties refusing to honor the ICE de- tainer—listing a Sheriff’s Department decision as the reason. The ICE report states that Baker County, through a “Sheriffs Offi ce Deci- sion, will not honor ICE detainer.” ICE claims that this decision was en- acted by Oregon sheriffs in April, 2014. The counties of north- eastern Oregon—Baker, Grant, Wallowa, and Union—all made the list of the counties ICE claims refuse to honor detainer requests. Local Sheriffs respond to ICE report. The exposing of ICE’s 2014 Declined Detainer Outcome Report and the labeling by the Center for Immigration Studies that 276 cities, counties, and states are “sanctuary” com- munities protecting illegal immigrants have caused somewhat of a fi restorm and generated many questions from those who recently noticed the release of the map and report. Marguerite Telford, Director of Communica- tions for CIS was informed during a phone interview July 5 that eastern Oregon sheriffs claim they are not sanctuary counties, have Miners Jubilee HIGHLIGHTS Friday, July 17 9 a.m. - 6 p.m. Friends of Library Book Sale 9 a.m. - 1 p.m. Petting Zoo on Broadway near Main and Resort 10 a.m. - 5 p.m. Downtown Sidewalk Sale Noon till 7 p.m. Vendors in the Park 2 p.m. Blacksmith demonstrations at the Baker Heritage Museum 2 p.m. - 4 p.m. Music in the park 7 p.m. - 1 a.m. Bronc Riding at the Fairgrounds, Beer Garden Saturday, July 18 7 a.m. - 10 a.m. Lion’s Club Breakfast in the Park 7 a.m. Two-man Scramble at Quail Ridge 8 a.m. 5K fun run in front of Kicks. Registration forms are Subway no sanctuary policies in place, and have never failed to honor an ICE detainer—they historically have simply obtained a warrant fi rst. “Oh, I know. We’ve had a lot of calls from media and from sheriffs. We’ve had calls from Oregon today,” Telford responded. “You know, what we may do is allow those sheriffs to email us a statement as to why they don’t think they should be included on that list. We might allow them to put a paragraph or some- thing up on our web site.” When asked if she knew how Baker County had been included on the list, Telford responded, “I really can’t answer that— that’s a question for ICE.” When asked if she could confi rm that the data used to create CIS’s map and report came directly from ICE, she said, “Yes. It’s from ICE. So you would have to ask ICE how your county was put on the list. That’s a question for them.” So, how exactly did Baker, Union, Wallowa, Grant and 26 other Oregon counties each make ICE’s list of communities they claim refuse to honor ICE detainers, and then become labeled by the CIS as “sanctuary counties” for illegal immigrants? And, how was the claim by ICE that these counties “will not honor detainer,” attrib- uted to a policy decision made by local sheriffs? Mitchell Southwick served as Baker County Sheriff in April, 2014, and denies ever making a decision or passing policy against honoring ICE il- legal immigrant detainer requests. Currently serving Baker County Sheriff Travis Ash also is unaware of and denies any knowledge of a decision or policy by the Baker County Sheriff’s Of- fi ce to refuse cooperation with ICE detainer proce- dures. In fact, Ash claims just the opposite. “In checking with Parole and Probation, we have had only two such cases in memory. ICE was called and took the illegals into custody both times,” said Ash. “I know I haven’t signed anything. In speaking with [former sheriff] Mitch Southwick, he hadn’t either.” Ash, who has served as Sheriff for two months now, said he does not consider Baker County a sanctuary county. He said, “We do detain them, but in order to be in legal compli- ance with statute, also require a warrant.” Due to the ruling from a lawsuit in Clackamas County and Oregon state law, Baker County “does not conduct sweeps look- ing for illegal aliens,” said Ash. Ash believes Baker County may have ended up on ICE’s list because the ruling in that Clackamas County case means that they need a warrant to go with the ICE detainer to avoid litigation. One thing is certain—the Baker County Sheriff’s Department does not sim- ply turn an illegal arrested for a crime out on the streets among the general population, such as the case in San Francisco. Oregon State Sheriffs Association responds to sanctuary county label. “The point is moot,” be- gins John Bishop, Execu- tive Director of the Oregon State Sheriff’s Association and himself a retired sher- iff. “The sheriffs cannot honor any ICE detainer request anymore because the courts have ruled that detainer requests are unwarranted. The detainer is no longer recognized as a warrant. “ICE has already changed their procedures and no longer issues de- tainers,” Bishop continued. As for the use of the term “sanctuary” coun- ties by CIS, Bishop says, “They are playing on that term.” The old ICE procedure of issuing detainer warrants, as defi ned in the Homeland Security Secure Communi- ties program, was discon- tinued in November, 2014. The change in ICE policy was noted in a memoran- dum signed by Jeh Charles Johnson, Secretary of the U.S. Department of Homeland Security, dated November, 20, 2014. “The Secure Communi- ties program, as we know it, will be discontinued,” begins the Department of Homeland Security memorandum. “The goal of Secure Communities was to more effectively identify and facilitate the removal of criminal aliens in the custody of state and local law enforcement agencies. But the reality is the program has attracted a great deal of criticism, is widely misunderstood, and is embroiled in litigation; its very name has become a symbol for general hostil- 9 a.m. - 6 p.m. Friends of Library Book Sale 9 a.m. - 7 p.m. Vendors in the Park 9 a.m. - Noon Petting Zoo on Broadway near Main and Resort 10 a.m. Miners Jubilee Parade 10 a.m. - 5 p.m. Downtown Sidewalk Sale 11 a.m. Music in the Park, Elks Drum and Bugle Corps 1 p.m. Gold Panning Competition in the Park 1 p.m. HBC’s Business Duck Race 2 p.m. - 4 p.m. Music in the park 2 p.m. Blacksmith demonstrations at the Baker Heritage Museum 3 p.m. HBC’s Kiddies Duck Race 6 p.m. - 1 a.m. Bull Riding at the Fairgrounds, Beer Garden 7 p.m. - 9 p.m. Street Dance in Court Street Plaza 9 p.m. - 11:30 p.m. Teen dance at YMCA gym Sunday, July 19 7 a.m. - 11 a.m. Lion’s Club Breakfast in the Park 7 a.m. Two-man Scramble at Quail Ridge ity toward the enforcement of our immigration laws.” Johnson directed ICE to discontinue Secure Com- munities and instead put in place a new program, titled the Priority Enforcement Program (PEP). The new PEP program still relies upon fi ngerprint-based data submitted during book- ings by state and local law enforcement agencies to the Federal Bureau of Investigation for criminal background checks. However, PEP only re- quires ICE to seek transfer of an illegal alien in the custody of state and local custody when the illegal alien has been convicted of certain enumerated crimi- nal offenses, “or when, in the judgment of an ICE Field Offi ce Director, the alien otherwise poses a danger to national secu- rity,” as written in the new directive. Court rules ICE detainer procedures un- constitutional. ICE claims that the Oregon Sheriffs made the decision against honoring ICE detainers on April 14, 2014. This date closely fol- lowed the April 11, 2014 decision by U.S. District Court Ninth Circuit Dis- trict of Oregon Magistrate Judge Janice M. Stewart ruling ICE detainers as unconstitutional. Stewart issued the courts ruling in agreement with an earlier decision by the Third Circuit from an ap- peals case fi led in Pennsyl- vania. Stewart’s decision came from a case fi led in Clackamas County after local law enforcement held Maria Miranda-Olivares on an ICE detainer. Stewart ruled that the detention of Miranda- Olivares violated her Fourth Amendment and due process rights and held local law enforcement, not ICE, fi nancially liable for the violations. ICE issues blanket statement, refuses to comment on report. ICE media spokesper- son Virginia Kice refused to address specifi c ques- tions about the Declined Detainer Outcome Report and the inclusion of Baker County as one of the coun- ties refusing to honor ICE detainer procedures and instead released a blanket statement. “We‘re not comment- ing directly on that report. Rather…we‘re focusing on the way forward…and providing the statement below,” Kice responded. Photo Courtesy of the Baker County Sheriff’s Offi ce. Sheriff Travis Ash. That statement is: “ICE continues to work cooperatively with our local law enforcement partners throughout the country to develop policies and procedures that best represent all agencies’ efforts to uphold public safety. The Department of Homeland Security is in the process of imple- menting a new initiative called the Priority Enforce- ment Program —PEP for short—which supports community policing while ensuring ICE takes custody of dangerous criminals be- fore they are released into the community. ICE is now issuing detainers and re- quests for notifi cation with respect to individuals who meet our heightened en- forcement priorities under PEP to ensure individuals who pose a threat to public safety are not released from prisons or jails into our communities. PEP is a balanced, common-sense approach, that places the focus where it should be: on criminals and individu- als who threaten the public safety. ICE is committed to working with its law enforcement partners in Oregon and nationwide to achieve that mission,” declares ICE. Conclusion. “It was ICE’s mistake in the Clackamas County case but it was the local sheriff’s offi ce that was found fi nancially liable,” said Vaughan from CIS. “Local sheriffs likely won’t be willing to risk local taxpayer’s money to enforce federal law.” The CIS conclusion on the dangers to local com- munities after the court rul- ings weaken ICE‘s ability to detain suspected illegal immigrants brings us full- circle back to the murder of Kathy Steinle by illegal alien Francisco Sanchez. “Local refusal to comply with ICE detainers has become a public safety problem in many com- munities, and a mission crisis for ICE that demands immediate attention,” con- cludes the CIS. 10 a.m. - 4 p.m. Friends of Library Book Sale 10 a.m. - 4 p.m. Vendors in the Park 12:30 - 1:30 Gospel hour in the Park 2 p.m. - 4 p.m. Music in the park 2 p.m. Mining Association silent auction/raffl e 3 p.m. Paint Your Wagon movie at the museum 3 p.m. Button drawing winners at the Park