Archive for the ‘Immigration’ Category

Sheriff releases response to DOJ inquiry on immigration law compliance following Herald request

Tuesday, December 26th, 2017

Sheriff David O. Livingston. From CCCSheriff website.

By Daniel Borsuk

Contra Costa County Sheriff-Coroner David Livingston has provided at the request of the Contra Costa Herald a copy of his Dec. 1 letter to answer questions whether the department is out of compliance with federal immigration laws that entitled the Coroner-Sheriff Office to nearly $25 million in federal grants in 2016. CCSheriff ltr to DOJ re 8 USC 1373 Compliance 12-1-17

The sheriff’s letter was due Dec, 8, and he essentially informed U. S. Acting Assistant Attorney General Alan Hanson that the Office of the Contra Costa County Sheriff-Coroner is in compliance with federal immigration policy. That is in spite of the fact that beginning Jan. 1, 2018 California law enforcement agencies must begin to enforce Senate Bill 54, the California Values Act or what is better known as the sanctuary state law.

Livingston included with the letter his department’s draft policy on how it will and won’t cooperate with U.S. Immigration and Customs Enforcement (ICE) which was issued Dec. 3, 2013 and updated on Nov. 16, 2017.

In his letter to Hanson, Livingston wrote:

“The California Values Act, with we must comply. That Act provides specifically that it does not authorize information regarding the citizenship or immigration status, lawful or unlawful of an individual, or from requesting from federal immigration authority’s immigration status information lawful or unlawful of an individual, or maintaining or exchanging that information with any other federal, state, or local government entity.”

Sheriff Livingston missed attending the Dec. 7 meeting of the Board of Supervisors’ Public Safety Committee meeting, disappointing a number of committee members who wanted to hear him comment and answer questions about the draft policy on ICE-undocumented jail inmates, but obviously were unable to do so.

“I am surprised and disappointed that the sheriff is not here,” said District 1 Supervisor John Gioia of Richmond at the committee meeting. “I don’t know if this has ever happened before where the sheriff has not appeared at a Public Protection Committee meeting.”

Please see related article.

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Contra Costa Sheriff announces findings in ICE detention complaints investigation

Friday, December 22nd, 2017

Sheriff David Livingston, center, speaks with Congressman Mark DeSaulnier (to his left) and staff during a tour of the West County Detention Facility in Richmond on Monday, Nov. 27, 2017. Herald file photo.

Refutes claims made by illegal alien female inmates against West County Detention Facility

The West County Detention Facility. Herald filed photo

The Office of the Sheriff has completed its investigation into complaints raised by several Immigration & Customs Enforcement (ICE) female detainees at the West County Detention Facility (WCDF) in Richmond, California. The complaints were first reported in a local newspaper. The Sheriff’s Office immediately launched an investigation. Investigators interviewed 110 witnesses, with audio recordings and translators where necessary, and viewed hundreds of hours of video surveillance recordings. They also examined log books, computer entries and other evidence. (See related article)

The investigation found that nearly all of the complaints were unfounded and unsubstantiated. Claims of being “locked down” for 23 hours a day were false. The most time any ICE detainee was confined to their dormitory room was one hour and 24 minutes. These “lock downs” are commonly done for facility counts or for administrative reasons. At WCDF the detainees have keys to their rooms and free use of common bathroom facilities.

Sheriff David O. Livingston. From CCCSheriff website.

In one example, the person who complained in the article of being confined to her room for 23 hours was in fact confined for several days in a room with a full toilet and sink. She was confined in such a manner for disciplinary purposes after she assaulted another detainee.

Regarding the use of “red” biohazard bags for toilet needs, there was no evidence that any detainee was forced to use the bags in that manner. In very few cases detainees did use the bags for that purpose in violation of policy. Biohazard bag distribution is now limited to those detainees who are ill or have other medical needs. All inmates are free to use the bathrooms at any time, and even during “lock down” periods of approximately one hour, by notifying a Deputy Sheriff by using the call button in their rooms.

There were two complaints alleging limited access to healthcare that also appear to be unfounded based on detainee interviews. However, Contra Costa Health Services will be reviewing those specific complaints.

“Consistent with independent ICE inspections, we found that the alleged policy violations were largely unfounded,” said Sheriff David Livingston. “In fact, many detainees told us they are well treated at the West County Detention Facility.”

Sheriff Livingston added, “Some issues were identified, such as the use of profanity by a staff member or the quicker replacement of detainees’ room keys when they are lost or damaged. We will use this opportunity to improve wherever we can.”

The investigation will now be provided to the California Attorney General as Sheriff Livingston promised he would do.

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Supervisors fund illegal immigrant family aid program to monitor ICE actions in county

Wednesday, September 20th, 2017

Helps pay for “Rapid Response” inspectors, education workshops, legal aid sessions

By Daniel Borsuk

In response to policies and actions by President Trump and to assist illegal immigrant families “facing immediate separation due to deportation,” Contra Costa County supervisors unanimously agreed to use $500,000 of AB 109 funds to cover expenses and match funds from non-profit organizations for the launch of a Stand Together CoCo pilot project in January. Stand Together CoCo 8_16_17

The proposal by the Contra Costa Immigration Rights Alliance, originally submitted earlier this year needed a total of $1,002,750 for the program. The county will use funds from state Assembly Bill 109 automobile license fee revenues. According to their Facebook page, “CCIRA seeks to end ICE collaboration in Contra Costa and to promote immigrant rights, inclusion and a spirt of welcome in cities throughout the county.” Draft CoCoCo Immigrant Legal & Ed P-ship

The effort had already rounded up $585,000 from six non-profit organizations that will help fund Stand Together CoCo operate during its inaugural year of operations consisting of education workshops, legal aid sessions, and the hiring and oversight of 12 Rapid Response inspectors who will be dispatched around the county to observe and take notes on how United States Immigration and Custom Enforcement agents conduct themselves at arrest sites.

According to the staff report, “The proposal requests that the Board of Supervisors authorize the Office of the Public Defender to establish Stand Together CoCo as a pilot project. The requested allocation is $500,000 in FY 17/18 funding to support operations in the January-June 2018 first phase, with a further commitment that the County will provide $500,000 in annual support in each of fiscal years 2018-19 and 2019-20. Working with key local partners, Stand Together CoCo will then use this commitment to generate funding from other public and private sources.”

Presently the program has received letters of commitment from the Y & H Soda Foundation of $275,000, the San Francisco Foundation of $100,000, the East Bay Community Foundation of $50,000, and the Firedoll Foundation of $50,000, and letters of intention from the Richmond Community Foundation of $10,000 and the California Endowment of $100,000.

During the public hearing portion that drew 21 persons speaking in support of the program that Contra Costa County Deputy Public Defender Ali Saidi will oversee, District 2 Supervisor Candace Andersen questioned about the functions of the Rapid Response Dispatch Inspectors and whether they would create potential legal problems with the federal government should Rapid Response Inspectors interfere with ICE agents.

“I don’t want to see ordinary citizens getting in the way of the actions of ICE agents,” Andersen said

In the early going it looked like Andersen was going to possibly cast the lone negative vote, but later on she decided to vote along with her colleagues.

“I’m going to take a leap of faith.  I am concerned about public safety,” the supervisor later said before casting a yes vote for the program.

Andersen also voiced concern that this new county-backed immigrant rights program might duplicate services already provided in the county through existing nonprofit organizations like the Contra Costa Crisis Center.

“I don’t want to spend one half million dollars on duplicating services,” said the supervisor who represents a large minority population consisting of Chinese, Indian, and Pakistani residents.

“A Google search doesn’t show what’s really being done,” District 1 Supervisor John Gioia said in response to Andersen’s concern about the potential duplication of legal aid services for immigrants.

Deborah Bernstein of the Jewish Family and Community Services in Walnut Creek said her organization has served 875 county residents seeking immigration legal assistance from January through August.

“These people are living in a high level of fear,” she said.

Since January, Catholic Charities of Contra Costa County has helped 924 people receive legal immigration aid.

“We’ve seen a big increase in people needing help,” said Christopher Martinez of Catholic Charities.

Rubicon Contract Approved

In other action, supervisors approved a $408,750 contract with Rubicon Programs, Inc., an ex-felon nonprofit assistance program, after receiving a letter from Contra Costa Sheriff-Coroner David Livingston that he is now satisfied the one-year contract extension complies with contract protocol.  Last week, supervisors had delayed action on the contract because of the sheriff’s concern that the contract did not go through adequate review by a county contract panel.

The practice of assessing $30 a day cost living charges for juveniles serving sentences at the county’s two juvenile facilities – Juvenile Hall in Martinez and Boys Ranch in Discovery Bay, is over.  Supervisors voted 5-0 to officially end the bill that parents or legal guardian had to pay the county upon the release of their child for the daily living (meals, lodging, other expenses).  Contra Costa County joins other counties like San Francisco, Alameda, Santa Cruz and Los Angeles ditching the juvenile hall daily cost of living fee because it is viewed as being financially retaliatory to parents of children in the juvenile justice system.  The county had begun to temporarily cease the billing practice in 2016.

Next week, supervisors will vote on permanently ending the $17 daily electronic surveillance fee of minors in the juvenile justice system.

The county can afford to eliminate the daily cost of living fee and daily electronic surveillance fee because county officials laid off two fulltime juvenile hall clerical positions.

Supervisors also instructed John Kopchik, director of the Conservation and Development Department, to present to the board by next February proposed regulations for short-term rentals in unincorporated areas of the county.  Supervisors especially representing Discovery Bay, Kensington, Alamo, and Black Hawk have seen a surge in short-term rentals that have produced parking, noise and other problems.  County planners will develop an ordinance by examining what other jurisdictions like San Francisco, San Luis Obispo, Sacramento and other counties have drafted.

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