States Consider Inmate Early-Release Deportation Policy

PHOENIX — Several states are negotiating agreements with the federal government to begin the early release and deportation of illegal immigrant state inmates.

In 2005, Arizona became the first state to join forces with the U.S. Immigration and Customs Enforcement agency under the Rapid Repatriation Program, which is designed to help state officials identify illegal immigrants during booking.

Inmates incarcerated for nonviolent offenses, such as drug, alcohol and property crimes, and found to be in violation of immigration laws are eligible for early release to ICE custody for immediate deportation. Inmates convicted of violent or sexual offenses are not eligible for early-release repatriation, officials say.

Arizona has transferred more than 1,400 offenders to federal authorities since the program’s inception. On average, inmates were released approximately 200 days early, saving an estimated $18 million, officials say.

Deported offenders re-arrested in the United States will serve the remainder of their original sentence and face up to 20 years imprisonment for illegal re-entry to the country, officials say.

New York established a similar program and federal officials plan to sign agreements with several states throughout the country during the coming months, officials say.

As part of the agreement, ICE agents train officers in standard immigration procedures and protocols and agencies are granted access to immigration databases to crosscheck offenders and inmates for immigration violations.

Of the more than 42,000 individuals deported by ICE for immigration violations in fiscal year 2006-07, more than 12,000 had criminal records, officials say.

Arizona’s inmate population is approximately 38,000, and an estimated 5,000 inmates are illegal immigrants or legal immigrants who have violated U.S. criminal laws.

A 1996 Arizona law authorizes state authorities to turn over illegal immigrants to federal authorities for deportation prior to an offender’s completion of their sentence. The legislation stipulates inmates must serve at least 50 percent of their sentence and agree not to contest deportation.

In California, the Los Angeles Board of Supervisors appropriated $500,000 to the Los Angeles County Sheriff’s Department to expand an existing jail program that screens for illegal immigrants during the booking process.

Los Angeles became the first county in California to cooperate with federal authorities on immigration enforcement efforts. The sheriff’s office has interviewed almost 20,000 inmates, referring more than 10,000 cases to ICE, since the program was instituted in 2006, officials say.

The screening program helps to free up jail beds and reduce the number of illegal immigrants that are released back into the community, officials say. The county funding will be used to increase the number of interviewers from eight to 13.

The custody assistants verify information gained from inmate interviews — such as country of origin or school attendance — against state and federal databases that hold criminal record and immigration information.

ICE has similar cooperative agreements to conduct jail screening with approximately 30 local law enforcement agencies.

Federal authorities are rolling out a new technology-based program that will allow all U.S. jails to link with FBI and Homeland Security databases and enable some immigration screening to be conducted electronically, officials say.