Immigration and Customs Enforcement 287(g) Program - Sheriff Charles A. Jenkins Frederick County Sheriff's Office - Frederick ...

Immigration and Customs Enforcement
           287(g) Program

          Sheriff Charles A. Jenkins
       Frederick County Sheriff’s Office

What is the 287(g) Program
 The 287(g) program allows a state or local
  law enforcement entity to enter into a
  partnership with ICE, under a joint
  Memorandum of Agreement.
 The state or local agency receives delegated
  authority for trained officers to perform
  certain functions of immigration
  enforcement within the jail or detention
  center.

287(g) Program continued
 The 287(g) Program can only operate within
  the confines of the Detention Center.
 Only offenders that have been arrested and
  brought to the jail are screened to check
  their immigration status.
 Only an Immigration Judge or a Senior ICE
  Official can order the removal of a criminal
  offender.

287(g) Program continued
 No immigration enforcement functions are
  conducted on the streets, in the community
  or places of employment. We do not ask
  questions in regard to a person’s lawful
  immigration status in the course of
  performing law enforcement functions.
 The Sheriff has no influence on the
  priorities of the Program

Who Is Questioned About Their
Immigration Status?
 100% of all offenders / defendants brought
  to the Detention Center are screened, there
  is absolutely no profiling or selective
  screening based on race, ethnicity, or
  country of origin.
 There has not been a single complaint
  regarding racial profiling, discrimination or
  officer misconduct related to the operation
  of the 287(g) Program.

Comprehensive Oversight /
Supervision
 The program has a full time ICE Program
  Manager on-site daily who must review and
  authorize all detainers.
 All paperwork is reviewed by ICE attorneys
  for legal sufficiency.
 Offenders / Defendants are served with their
  immigration paperwork and proceed
  through a legal process until final
  adjudication of their case.

Comprehensive Oversight /
Supervision continued
   The Office of Professional Responsibility
    conducts routine inspections of the program
    (Last inspection March 2018, no
    deficiencies or recommendations were
    found during the inspection).

Cost of the 287(g) program to the
County
 The following is provided by I.C.E. at no
  cost to Frederick County.
    Training

    Equipment

    Oversight

 No detention center officers are dedicated
  to the program on a full time basis.

Prosecutorial Discretion
   Is granted to criminal offenders that are in
    the United States illegally but are released
    due to compelling humanitarian reasons on
    a case by case basis to include:
      DACA (Deferred Action for Childhood

       Arrivals
      Serious medical conditions

      Sole family providers

      Nursing mothers

Prosecutorial Discretion Releases
100
 90
 80
 70
 60
 50
 40
 30
 20
 10
       51    39      86     90     19     7      4
  0
      2013   2014   2015   2016   2017   2018   2019

Detainer totals from April 11,
2008 to May 31, 2019.
   Frederick Police Department               991
   Frederick County Sheriff’s Office         373
   Maryland State Police                     202
   Other*                                    107
   Total                                    1673

* Brunswick Police Department, DNR, Thurmont Police
  Department and the Frederick County Court Systems

Detainers Lodged Since April 11, 2008
                 Other 6.4%

           MSP 12.1%

                              FPD 59.2%
           FCSO 22.3%

Countries of Aliens processed and served
from April 11, 2008 to May 31, 2019.

                      Other
                      11.9%
                               El Salvador 34.4%
         Honduras
          12.5%

          Guatemala
           17.4%

                         Mexico 23.8%

287 (g) stats continued
 A total of 282 detainers have been lodged
  on individuals charged with a felony
  offense.
 The following list details the felony charges
  for detainers lodged from June 1, 2018
  through May 31, 2019. It also provides a
  partial list of unaccompanied juveniles and
  gang members encountered for the same
  time period:

287 (g) stats continued
 SUBJECT was arrested for 2nd Degree Rape
  of a Minor. SUBJECT was encountered by
  287 (g) and verified that he reentered the
  United States illegally.
 SUBJECT was sentenced to seven years
  Department of Corrections for Participating
  in a Criminal Gang. SUBJECT is a
  validated 18th Street Gang Member.
  SUBJECT was also verified by 287 (g) as

287 (g) stats continued
 SUBJECT was sentenced to 12 years
  Department of Corrections for Sex Abuse of
  a minor. It was verified by 287 (g) that the
  SUBJECT entered the United States
  illegally.
 SUBJECT was arrested for 1st and 2nd
  Degree Assault. It was verified by 287 (g)
  that the SUBJECT entered as an
  Unaccompanied Juvenile.

287 (g) stats continued
 SUBJECT was arrested on Domestic 1st
  Degree Assault. It was verified by 287 (g)
  that the SUBJECT entered the United States
  illegally.
 SUBJECT was arrested on Possession
  W/Intent to Distribute Not-Marijuana. It
  was verified by 287 (g) that the SUBJECT
  entered as an Unaccompanied Juvenile.

287 (g) stats continued
 SUBJECT was arrested on an Arrest
  Warrant for Domestic 1st & 2nd Degree
  Assault. It was verified by 287 (g) that the
  SUBJECT entered the United States
  illegally.
 SUBJECT was arrested on an Arrest
  Warrant for Sex Offense of a Minor. It was
  verified by 287 (g) that the SUBJECT
  entered the United States illegally.

287 (g) stats continued
   Two SUBJECT’S were arrested on
    Possession W/Intent to Distribute Narcotics
    and Possession of a Handgun. Both
    SUBJECT’S are also being held on Murder
    charges out of Baltimore, MD. Both
    SUBJECT’s are suspected Cartel Hitmen. It
    was verified by 287 (g) that both
    SUBJECT’S entered the United States
    illegally.

Domestic Violence
   There have been 89 detainers lodged against
    individuals who were arrested for Domestic
    Violence.

Unaccompanied Juveniles
   Since October of 2015, there have been
    thirty seven unaccompanied juveniles that
    were identified through the 287 (g)
    Program. These individuals were charged
    with felonies, crimes of violence and or
    were validated gang members.

287(g) Stats continued
   Gang members
     74 Validated

     32 Suspected

     21 Specialized / Combat Training

      (Snipers, Military, Knife fighter, MMA
      and trained in guerrilla warfare)

Benefits of the 287(g) Program to
your community
   Criminal offenders that are sentenced for
    serious crimes are not released back into the
    community to include:
      Sexual Offenders / Predators

      Domestic Violence Offenders

      Validated Criminal Gang Members

      Crimes of Violence

      Drug Traffickers

Closing
 The 287 (g) Program exists to protect our
  local communities by providing Law
  Enforcement and Corrections an effective
  tool to enhance the safety of the public.
 As Frederick County statistics demonstrate,
  the partnership has been effective in the
  removal of felons, gang members, and
  violent criminals off of our streets in
  Frederick County.

Additional Resources
   If you would like additional information
    about the 287 (g) Program stats and or
    inspections, you must contact ICE.