License to Deport in Gwinnett County, Georgia
Atlanta Latino, News Report, Judith Martínez, Translated by Elena Shore, Posted: Nov 18, 2009
ATLANTA -- Without knowing exactly how the 287 (g) program works, Gwinnett County Sheriff Butch Conway officially announced on Monday, Nov. 16 that the jail he runs is ready to deport an estimated 60,000 to 70,000 undocumented immigrants who have driven without a valid Georgia license, which is classified as a crime in the state.
Conway did not respond to questions about the exact deportation proceedings when someone goes to jail, but he emphasized that he took the oath to enforce the laws and that is what he will do.
He asserted that they would only review the immigration status of those who have been arrested and put in jail, and that they will not ask people on the streets or county residents about their immigration status.
According to Conway, the 287 (g) program will save his prison $7 million a year because the prisoners will be deported in about 48 hours.
The sheriff estimates that of the 2,600 prisoners at the Gwinnett jail, 800 are foreign nationals.
Stacey Bourbonnais, spokesperson for the Gwinnett County’s Sheriff’s Department, said that 18 officials have been trained to implement the 287 (g) program.
She anticipated that this week, they would start to investigate prisoners’ records and officials would familiarize themselves with the computer equipment.
The agreement between ICE and Gwinnett County was part of a national plan to expand the 287 (g) to another 66 public agencies. ICE spokesperson Nicole Navas said the program will last for three years from Oct. 16, when it was signed, unless either party decides to terminate it sooner.
Where Does the Money Come From?
Although the county is experiencing a difficult economic crisis, the Gwinnett Board of Commissioners approved $1 million for the implementation of the agreement in a public meeting on July 30.
"The county had the money saved in an account, but they were the only ones who knew the amount," said Bourbonnais.
Meanwhile, Jose Perez, the only Latino member of the Engage Gwinnett commission, a volunteer group of county residents that advises authorities on the budget, said that one of the main concerns of the residents of Gwinnett County is “security" and they would not hesitate when it comes to keeping the streets safe.
The 287 (g) agreement was presented to the public as a program that deports undocumented criminals.
"The goal of 287 (g) has been, since its implementation in 2006, to deport undocumented immigrants who have committed a serious crime,” according to ICE.
But the program has been used by some local law enforcement agencies to deport immigrants for misdemeanor offenses. This is the case in Cobb County, where there were a number of complaints documented by the American Civil Liberties Union (ACLU) and the Georgia Latino Alliance for Human Rights that arrests and deportations were based on "racial profiling and minor traffic offenses.”
During a telephonic press conference, John Morton, assistant secretary of the Department of Homeland Security (DHS), said that in order to avoid arrests based on skin color or appearance, ICE has implemented a system that requires the agency to authorize all arrests for violating immigration laws.
“No detention will take place if we don’t approve it,” Morton said.
Gwinnett officially implemented the agreement this week, although a pilot program called CAP was in place at the beginning of the year, during which 914 people were deported. Of these, 226 committed the crime of driving without a license in Georgia, which is punishable by two days in jail. After the fourth conviction within five years, driving without a license in the state is considered a felony.
Gwinnett’s policy allows law enforcement officers working in the jail to identify which prisoners are undocumented immigrants and which are subject to deportation. This does not mean that any Gwinnett County police officer has the authority to investigate the immigration status of a driver before he or she goes to jail.
"Only 18 agents inside the prison know how to carry out the deportation process," said the ICE spokeswoman.
"With this model, officers are not authorized to carry out random raids," according to the 287 (g) memorandum. Local authorities must contact ICE to get approval for arrests.
People Subject to Deportation Through the 287 (g) Program Over One Year in Georgia, By County:
Hall 1,070
Whitfield 378
Cobb 2,585
Georgia Department of Public Safety 14
Data provided by ICE based on the fiscal year ending Sept. 30, 2009.
ICE spokesperson Nicole Navas clarified that these figures do not represent the total number of deportations.
"These people were identified through the 287 (g) program for violating immigration laws and classified as criminals. This doesn’t mean that all of them have been deported since all of them – except for fugitives -- have the right to appeal (due process) before a judge," said the spokeswoman, adding that ICE does not decide who gets deported.
"We (ICE) can’t deport unless the judge there decides it," she said.
This article was compiled from two reports published Nov. 17, 2009 and Oct. 22, 2009 by Atlanta Latino.
Related Articles:
ICE to Cooperate with Another Georgia Sheriff
Drivers Fined for Not Speaking English
Law Enforcement Officials Call for Immigration Reform
ICE-Police Cooperation Expanded Despite Known Problems
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User Comments
Thank you for the help on Dec 16, 2009 at 08:49:55 said:
I live two houses from known hispanic drug dealers which move product every night and the police have already raided the house once. The drug dealers don't care and continue to conduct businessas usual. These illegal immigrants are all over gwinnett county and are link to the mexican based cartel. They ship there employees her to manage their drug trade no different than terrorist.
terry on Dec 08, 2009 at 14:11:24 said:
What is the relationship between ICE and the use of Gwinnet County Diversion Center and what happens to current diversion center citizens
Jsmith on Nov 25, 2009 at 08:57:34 said:
Good job, sheriff!
BTW, these are not "undocumented workers" -- they are illegal aliens. DEPORT THEM ON SITE. DEPORT THEM NOW.
Jimi on Nov 19, 2009 at 09:02:18 said:
Former Rep. Sonny Bono said it best: Illegal immigration, why, it's ILLEGAL!"
Illegal aliens are to be removed for no other reason than entering the country illegally. Any other crimes added like misdemeaners are not get out of jail free cards. They require prosecution and punishment. Then they are deported. Why is that hard to understand?
Why should any racial group get a pass?
levotb on Nov 18, 2009 at 21:19:19 said:
Why should police be "sensitive" to lawbreakers from ANY ethnic group or country? You break the law--Federal, state or local--and you go to jail or prison, then get deported. The ACLU and other Communist, pro-lawbreaker groups want to hamstring the police so they cannot do their jobs. They WANT anarchy and the illegal alien gangs controlling entire sections fo American cities!
Bobby on Nov 18, 2009 at 17:58:49 said:
Redshirt, I don't get it. You essentially said the same thing I did, whether you want to admit your duplicitous attitude or not. One common thread through all of the posts I've opined on, where illegal immigration is concerned, is that I have never been two faced about it. I PUT AMERICANS FIRST. AMERICANS ARE INVESTED IN THIS NATION. MOST HAVE PAID TAXES FOR A LONG TIME. THEY HAVE DONE THEIR DUTIES AS CITIZENS. It is an "OBAMINATION" HOW THIS AND PAST ADIMINISTRATIONS HAVE PUT DOWN THE AMERICAN CITIZENRY BECAUSE THEY HAVE SOME AGENDA IN KEEPING THE BORDERS ILLEGALLY OPEN TO THE WORLD. LET ME BE EVEN MORE PLAIN ABOUT IT ALL--SOME OF YOU DUPLICITOUS, TWO-FACED, WISHY WASHY AMERICANS NEED TO "MAKE UP YOUR MINDS." WHERE DO YOU STAND ON ILLEGAL IMMIGRATION?? It's because so many Americans are the way they are, that politicians never get a clear message from them, and thus, ABUSE ALL OF US. ENOUGH SAID!!
D/mills on Nov 18, 2009 at 16:01:16 said:
It is amazing to me that the citizens legal citizens of the Unted States must bear the brunt of of the failure of other nations.
I myself have travelled to Soa Paulo and helped fund and build with my own hands an orphange seven years ago,but to be asked to pay unwillingly in taxes for people who flaunt our laws and backed by goverments i dont care for or trust is criminal.
Redshirt on Nov 18, 2009 at 13:50:22 said:
Bobby's comment is troubling. The issue is the screening, by law enforcement, for those who have committed a crime, are arrested and found within our jail.
It is not about Latinos, Hispanics or the Irish for that matter. It is about violating the laws of the State and Nation while being found to be in the country in violation of Federal Immigration Law.
Although there is a substantial problem with Hispanic gang activity, the greater danger is the threat of terorism. My close friend, who is a sworn officer in Home Land Security, has told me that the Terrorists hide in plain sight, in the massive illegal alien population.
The ACLU, and Hispanic activists groups that continually work to obstruct the lawful activives of law enforcement in favor of protecting those here ILEGALLY, do endanger everyone-- including law abiding citizens whom happen to be Hispanic.
Bobby on Nov 18, 2009 at 13:25:07 said:
Illegal alien "latinos" can go whine all the way back to Mexico, or wherever else they broke into this nation from.
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