House Bill 2245 passed with a vote of 43 to 0 in the Senate Thursday morning. The bill would create the “Oklahoma Criminal Illegal Alien Rapid Repatriation Act of 2009″.
The act would allow the Oklahoma Department of Corrections to immediately send inmates who are in the country illegally to Immigration and Customs Enforcement for deportation.  The bill applies only to criminals who are in prison for non-violent crimes who have served at least half of their sentence.

“The people of Oklahoma should not have to pay the tab for the federal government’s failures,” said the bill’s author, Randy Terrill after its unanimous passage in the House last month. “The Criminal Illegal Alien Rapid Repatriation Act will shift the financial burden of imprisoning these inmates to the federal government and save the state more than $3 million.”
Terrill says there are currently more than five hundred illegal immigrants in state prisons and that nearly 70-percent of them are eligible for the proposed deportation program.   The state currently pays about 20-thousand dollars per year to house each inmate.

House Bill 2245 now returns to the House for final consideration.

Legislation sponsored by state Rep. Alma Wheeler Smith would let state inmates with deportation orders be moved to federal custody after serving at least half their minimum sentence. A House subcommittee is scheduled to vote on the measure Tuesday.”Why should our taxpayers be paying for the care, housing and feeding of prisoners for whom the federal government has papers sending them home?” asked Smith …

Michigan now requires all prisoners to serve their minimum term before being considered for release.  Smith’s bill would relax the law so some immigrant inmates here illegally or whose conviction requires deportation are turned over to federal authorities earlier. Murderers, rapists and habitual offenders couldn’t qualify for an early exit from the country.

The measure has hit resistance from [some] lawmakers who worry that everything from fairness issues to the complexities of immigration law make it unworkable.  Rep. John Proos said it’s unfair to release foreigners early when Americans in the state’s prisons would have to serve longer. “What is the response by the victims and their families who now see justice denied by one-half?” he asked …

As of March, Michigan had 156 inmates with final deportation orders who could be freed immediately to be shipped home by the federal government if Smith’s legislation is approved, her office said. Sixty-six were from Mexico, 17 from Cuba and 11 from Iraq.  Another 55 prisoners potentially could be handed over if a final deportation order is entered. Hundreds of other foreign nationals are serving time for murder or criminal sexual conduct, were sentenced as habitual offenders or haven’t got halfway through their sentence, so they would be ineligible for the switch …

The legislation is modeled after programs in New York, Arizona and – most recently – Rhode Island. The states work with U.S. Immigration and Customs Enforcement, or ICE, to identify and deport convicts if their offenses are considered nonviolent. The governors of Washington and New Hampshire recently pitched similar plans.ICE says New York has saved $140 million since 1995 through its criminal deportation program. Arizona has saved $18 million in detention costs since 2005. More than 114,000 criminals were removed from the U.S. in the past fiscal year.

Maketa has started leasing space in his jail to house an average of 150 immigrants a night for federal Immigration and Customs Enforcement. He also sent 17 jail deputies for training in immigration procedures so they can initiate deportations without waiting for federal agents.  ICE pays $62.40 a night for each detained immigrant, plus mileage for transport in sheriff’s vans. The arrangement pumped $3.6 million into El Paso County over the past year and now provides 10 percent of the jail’s budget.

But Maketa said the money is just one factor driving his broadening alliance with ICE.  “I feel like we’re truly contributing to (solving) a national problem,” said Maketa, one of 67 law enforcement agency chiefs nationwide who have had deputies authorized to enforce federal immigration laws … Several Denver-area sheriffs — annoyed at delays in relying on a limited number of ICE agents to handle possible illegal immigrants in jails — say they’re considering sending deputies for federal ICE training.   There’s support from taxpayers to take the next step” in immigration enforcement, Jefferson County Sheriff Ted Mink said …

On any given night, most jails in the Denver area and across Colorado hold suspected illegal immigrants. Under state law, jailors must notify ICE and, if ICE is interested and able, the agency places a hold on the inmate. If ICE agents fail to pick up the inmate within 48 hours, the inmate is released when local charges are resolved.  But that raises public safety concerns and is not something the public wants, said Weld County Sheriff John Cooke, who added that he, like other sheriffs, had previously been reluctant to take on an immigration role. “Everybody’s attitude was: ‘That’s the job of the federal government, and we’re not going to do it for them.’ Well, when the federal government isn’t doing their job, the sheriffs get frustrated and the citizens get frustrated,” Cooke said. “We’re going to do the right thing for the citizens of our counties.”

On a recent night in Maketa’s El Paso County jail, more than 200 immigrants from Mexico, Taiwan and elsewhere were incarcerated … [D]eputies immediately start federal deportation proceedings — and start billing ICE for the cost of housing those inmates.  “When county budgets are decreasing, this is a revenue source,” detention bureau chief Paula Presley said …

Denver authorities oppose any increased collaboration with federal agents, beyond the notification all counties must make, under state law, when suspected illegal immigrants are jailed for crimes.  “We don’t help out the IRS either,” said Bill Lovingier, Denver undersheriff and director of corrections. Enforcing the civil offense of being in the country illegally “is a federal responsibility. It’s a federal issue. If they want local help, they should provide us resources. We are already stretched.”   The County Sheriffs of Colorado association remains “quite strongly against doing the feds’ work” on immigration, executive director Don Christensen said. “We feel we can’t get the support from the federal government that we should have. When we do find (illegal immigrants), they don’t come and get them. They fill up our jails and we have to turn them loose,” he said.

A great deal more information and background is available in the article at Denver Post.

Officials from states greatly affected by illegal immigration long have argued that their taxpayers should not have to bear the burden for Washington’s failure to control the border.   But Congress this year provided $400 million nationwide to cover the cost of keeping illegal immigrants behind bars, less than what was provided a decade ago …

California officials are stepping up their efforts to snag more money from the State Criminal Alien Assistance Program. Gov. Arnold Schwarzenegger said in a letter to Washington lawmakers last week that boosting the funding the state receives under the program was his top priority for federal criminal justice funding …

Homeland Security Secretary Janet Napolitano, when she was Arizona governor, was a leading advocate of boosting the program’s funding, telling Congress last year to “live up to its financial obligation” …

[California] — with about 19,000 illegal immigrants in prisons, or about 11% of the prison population — is projected to receive about $111 million of its $970-million expected cost this year for imprisoning illegal immigrants …

Boosting the funding has been difficult because the program is seen as largely benefiting a handful of states greatly affected by illegal immigration — California, New York, Texas, Florida and Arizona.   Lawmakers from other states say that any increase must be balanced against other spending and the need to reduce the federal deficit. Bush, in seeking to eliminate the appropriation, argued that the funds would be better spent to secure the border.   But other states increasingly are struggling to pay bills for housing illegal immigrants in state prisons and county jails. The Minnesota Department of Corrections, for example, spent about $19 million last year but received only about $1 million from Washington.

The operation was part of ICE’s Criminal Alien Program, a program that identifies criminal aliens who are incarcerated in federal, state and local facilities, ICE spokeswoman Lori Haley said.   Haley said those identified will complete their sentences before they are handed over to ICE for removal proceedings. Haley said some may be eligible to take their case to immigration courts while others will be deported immediately. “This program is to enhance public safety,” Haley said …

Though ICE and the Sheriff’s Office work on these operations, the issue of immigration mainly falls on ICE, said Cmdr. Mike Richards of the Monterey County Sheriff’s Office.

More detail and background in the article at The Californian.

Roughly two-thirds of the nation’s immigrant detainees are held in local jails, and the payments to cities and counties for housing them have increased as the federal government has cracked down on illegal immigrants with criminal records and outstanding deportation orders.

Washington paid nearly $55.2 million to house detainees at 13 local jails in California in fiscal year 2008, up from $52.6 million the previous year. The U.S. is on track to spend $57 million this year.  The largest federal contract in the state is with the Los Angeles County Sheriff’s Department, whose 1,400-bed detention center in Lancaster is dedicated to housing immigrants either awaiting deportation or fighting their cases in court. The department received $34.7 million in 2008, up from $32.3 million the previous year.  Some smaller cities have seen their income rise much faster. Glendale received nearly $260,000 in 2008, triple what it got the previous year. In Alhambra, last year’s $247,000 was more than double the previous year’s payments.

For some cash-strapped cities, the federal money has become a critical source of revenue, covering budget shortfalls and saving positions.  Santa Ana’s Police Department, for example, expects as much as a 15% budget cut and has had a hiring freeze since October that has resulted in more than 60 sworn and civilian positions remaining vacant, Police Chief Paul Walters said. To offset reductions, Walters plans to convert two multipurpose rooms at the 480-bed jail into dormitory rooms this spring. That will accommodate an additional 32 immigrant detainees, which he expects will bring in $1 million more in revenue each year. He also hopes to get approval to raise the nightly price per detainee from $82 to $87.
“We treat [the jail] as a business,” Walters said. “The cuts could have been much deeper if it weren’t for the ability to raise money there” …

The federal contracts cover nearly the entire cost of the jail, said Russell Davis, the jail administrator. On a recent day, the jail housed 20 Santa Ana arrestees, 283 U.S. Marshals prisoners and 165 immigration detainees. Some of the detainees, from Mexico, Vietnam, El Salvador and elsewhere, had landed in immigration custody after serving state prison sentences. Others were arrested after ignoring deportation orders or because of criminal records that made them eligible for deportation.     The contract with the U.S. Immigration and Customs Enforcement agency brought in more than $3.7 million in 2007 and $4.8 million last year.  If he had to do it all over again, Davis said, he would have built another floor on the jail.

There is a lot more detailed background in the article at the Los Angeles Times.

After being arrested in Bucks County PA, suspects place their hands on an imaging screen that scans their fingerprints into a computer linked to a federal database.  This report from Morning Call.

Within minutes, prison officials can learn the person’s criminal record — whether he is wanted for other crimes and whether he is in the country illegally.  That’s the latest weapon the federal government uses to track people who are illegal immigrants.   The system has been in use in Bucks and Montgomery counties — the only two in Pennsylvania so far — for a couple of months. The U.S. Immigration and Customs Enforcement plans to extend that to more than 6,000 local police booking centers and jails nationwide … in about 3 1/2 years, Thomas Decker, director of the ICE Field Office in Philadelphia, said Monday …

Criminals who are in the country illegally will be turned over to ICE for deportation proceedings only after completing their sentence in a county jail.  Bucks District Attorney Michelle Henry said people simply can’t be turned over to ICE before completing prison terms.   ”It’s important to serve whatever sentence that is,” she said …

Township police have arrested about a dozen people who, with the help of ICE, have been identified as being in the country illegally.   Bucks was able to tap into the ICE system because its computer fingerprinting system was in place and needed only upgrades — $30,000-$40,000 worth — to complete the connection, said county Corrections Director Harris Gubernick.

The parole policy change announced Monday will save the state an estimated $10 million annually and reduce the crowded prisons’ population by about 1,000 inmates.

About 1,600 deported parolees were caught back in California in 2007, according to the most recent statistics available. Previously, they’d be sent back to state prison for four to eight months for violating their parole.  Under the new policy, the suspects will be turned directly over to federal immigration authorities. They will not be on parole, and therefore could not have their parole revoked and sent back to state prison.

California Corrections Secretary Matthew Cate sent a letter to U.S. Homeland Security Secretary Janet Napolitano on Friday informing her of the change.  Cate urged the federal government to charge the ex-convicts with a federal crime that could carry a 10-year federal prison sentence instead of relying on the state to incarcerate the offenders for brief stints.   “Such punishment, not short parole violation terms, is appropriate for these offenders,” Cate said in his letter …

bout 20,000 deportable criminals are serving time in California prisons at an annual cost to the state of $970 million. About 12,000 are on parole. They are not actively supervised by parole agents because they have been deported, but under the old policy they could be charged with parole violations if they were caught back in California … The federal government reimburses California only about 11 cents for every dollar it spends imprisoning illegal immigrants in state prisons, Cate said.

With immigration officials flanking them, two men shuffled toward a waiting vehicle at Lake County Jail.   Once inside the low-profile Chevy Trailblazer, the two Mexican nationals were whisked away by immigration officials, possibly never to return to Lake County again.   It’s a scene that has been repeated dozens of times a month at the jail …

Since the program began in September 2007, roughly 260 inmates at the jail have had detainers placed on them. And a majority of them were eventually deported, said Gail Montenegro, a public affairs officer with ICE.  Lake County was praised Tuesday as one of the jails that works well with ICE officials. James McPeek, a field office director from ICE’s Chicago office, said the dedication shown by Sheriff Mark Curran and his staff is vital to the program’s success.

McPeek said Lake County has among the greatest number of detainees for Chicago’s collar counties. According to Curran, 152 of the jail’s 655 inmates are foreign born. And of those 152, roughly 90 percent are illegal aliens … Though all of the men interviewed Tuesday were of Mexican descent, not everyone detained is Hispanic. While the number is much lower, the jail also has illegal European immigrants, said jail chief Jennifer Witherspoon.

Nearly half of Latino offenders, or about 48 percent, were convicted of immigration crimes, while drug offenses were the second-most-prevalent charge, according to the report. As the annual number of federal offenders more than doubled from 1991 to 2007, the number of Latino offenders sentenced in a given year nearly quadrupled, to 29,281 from 7,924 …

“The immigration system has essentially become criminalized at a huge cost to the criminal justice system, to courts, to judges, to prisons and prosecutors,” said Lucas Guttentag, a lawyer for the American Civil Liberties Union. “And the government has diverted the resources of the criminal justice system from violent crimes, financial skullduggery and other areas that have been the traditional area of the Justice Department.”

The federal justice system accounts for 200,000, or 8.6 percent, of the 2.3 million inmates in federal and state prisons and city and county jails. Nineteen percent of state prisoners and 16 percent of jail inmates were Latinos, the Pew study found. African-Americans, who make up about 12 percent of the national population, make up 39 percent of state prisoners and jail inmates.

Deborah Williams, an assistant federal defender in Phoenix, said that the large number of Latinos in the federal system, particularly those who are not citizens and have limited English proficiency, had sharply changed federal prison culture. “I have Anglo and Native American clients who tell me about being the only non-Spanish speaker in their pod,” Ms. Williams said. “Ten years ago, it just wasn’t that way.”

The full New York Times article has more information.