U.S. Department of Justice United States Attorney Western District of Washington Please reply to: 700 Stewart Street, Suite 5220 Tel: (206) 553- 7970 Robert H. Westinghouse Seattle WA, 98101-1271 ax: (206) 553-0882 Chief Criminal Division usdoj.gov/usao/waw August 26, 2013 Mr. Jim Brewer Via Email and U.S. Mail Legal Counsel King County Council 516 Third Avenue, Room 1200 Seattle, WA 98104 Re: Proposed ICE detainer ordinance in King County Dear Mr. Brewer: I am writing in response to inquiries directed to the U.S. Attorney's Office from King County elected officials regarding the proposed ordinance that would amend King lCounty's policy of honoring Immigration and Customs Enforcement (ICE) detainers in the county's jails. The Justice Department does not take a position on the proposed ordinance. However, given the numerous requests for information to better understand both the ICE detainer program and any potential impacts of changes to King County's current policy, I Wanted to provide information about cases referred to our office for criminal prosecution as a result of ICE detainers. By way of background, the U.S. Attorney's Office for the Western District of Washington criminally prosecutes approximately 100 defendants each year for illegally re- entering the country after previously being deported, pursuant to Title 8, United States Code, Section 1326.] These prosecutions generally are focused on those with significant criminal histories and several prior deportations, which are among the factors we consider when assessing whether an individual in the United States illegally poses an undue threat to the community or otherwise warrants criminal prosecution prior to deportation. Based on an analysis of defendants prosecuted for illegal re-entry in the last 18 months, a totalof 15 were referred to our office by the Enforcement and Removal Operations (BRO) division of ICE afterthe individuals were the subj ect of ICE detainers in either the King County Jail (14) or the Regional Justice Center (one).2 Further, based on our analysis of those King County detainer" defendants prosecuted in the last year (which number 13), it appears that, under the proposed ordinance, King County would not have honored ICE detainers requested for I In 2012, the U.S. Attorney's Office charged 84 defendants under Section 1326; in 2011, the total number of defendants was 99. 2 An additional seven prosecutions were of defendants who were subjected to ICE detainers at the SCORE facility, a misdemeanor jail in Des Moines that serves some King County jurisdictions. August 26, 2013 Page 2 any of those individuals, either because they lack a qualifying offense or because a 'qualifying offense would have been too old.3 The following details (1) the criminal histories, (2) the current charge that led custody in King County, and (3) the number of prior deportations of the 13 defendants referred to our office in the last year by ERO after requesting ICE detainers in King County: I Date of Current Charge Leading Prior Prior Convictions Violation to King County Custody Deportations 1 Assault on a Correctional Employee 12/23/1999 Controlled Substance 7 I Violation and Forgery Illegal Reentry After Deportation 3/31/1999 Delivery Of Cocaine 12/ 1/ 1994 Illegal Reentry After Deportation 1/21/1990 Possession of Cocaine 7/3/1992 VUCSA 9/22/1989 Possession of Cocaine 2/23/1989 Possession of Heroin 2/23/1989 Theft 8/20/1980 2 Transportl Sell Narcotic/Controlled In?/estigation of mega] 6 Substance 12/22/2009 D1 "gs Possession/Purchase for Sale Controlled Substance 2/21/2008 Transportl Sell Narcoticl Controlled Substance 4/2/2004 Unlawful/Improper Entry (two counts) 3/1/2004 Possess/Purchase for Sale Controlled Substance 4/19/2003 Transpo1t/ Sell Narcotic/Controlled Substance 4/ 1 9/2003 Transpo1t/ Sell Narcotic/Controlled Substance 9/23/1999 3 Driving While License Suspended Driving Under the 1 or Revoked 12/18/2001 Influence False Reporting Emergency 10/5/1999 VUCSA: Non-Felony 6/5/1997 VUCSA: Delivery of Heroin 5/19/1997 VUCSA: Attempted Possession of Heroin 4/29/1997 VUCSA 11/1/1996 3 Qualifying offenses includeia previous conviction for homicide at any time in the past or a conviction for a violent, serious or sex offense, as defined by RCW 9.94A.030, within the last 10 years. August 26, 2013 Page -- 3 Date of Current Charge Leading Prior Prior Convictions Violation to King County Custody Deportations Unlawful Entry by Eluding Indecent Exposure 3 Examination and Inspection by Immigration Officers (two counts) 2/15/2008 Assault (misdemeanor) 2/14/2008 Indecent Exposure 1 1/5/2007 Assault (misdemeanor) 7/19/2007 Assault (misdemeanor) 2/17/2007 Marijuana Possession 9/ 15/2006 Unlawful Transit Conduct 9/15/2006 Criminal Trespass 6/2/2006 Rape By Force 12/28/1992 Disorderly Conduct: Solicit Lewd Act 5/29/1991 Assault in the Fourth Degree (two Harassment Domestic 1 counts) 10/30/1996 Violence Domestic Violence Harassment and Violation of Civil Anti~Harassment Order 11/17/1995 Violation of No Contact Order 9/4/1995 Violation of Civil Anti--Harassment Order 8/ 1 1/1995 No Valid Operators License 7/1/1994 Assault in the Fourth Degree/ Domestic Violence 5/18/1994 No Valid Operators License 8/14/1992 Possession of Intoxicating Liquor 4/9/1992 Assault in the Second Degree 8/4/1990 No Valid Operators License 2/24/1989 Assault in the Fourth Degree/ Domestic Violence 10/28/1988 Driving Under the Influence 5/26/1987 Delivery of Cocaine 1/17/2001 Making False/Misleading 1 Statement to a Public Servant4 Assauit in the Fourth Degree/ Assault-4 and Possession 3 Domestic Violence 9/ 1 5/201 1 of a Controlled Substance Possession of a Controlled Substance 9/ 1 5/201 1 Delivery of Cocaine 10/19/2009 4 This incident involved a traffic stop for speeding in which two young children were in the vehicle without booster or child safety seats and the defendant provided a false name to iaw enforcement. August 26, 2013 Page - 4 Date of Current Charge Leading Prior Prior Convictions Violation to King County Custody Deportations Disorderly Conduct 1/25/2009 Domestic Violence Court Order 12/20/2007 Violation Possession of a Controlled Substance (Cocaine) 4/19/2006 Domestic Violence Court Order Violation 6/28/2005 8 VUCSA: Conspiracy to Deliver VUCSA (three counts) 3 Heroin 4/23/2007 VUCSA: Delivery of Cocaine 2/16/2007 Robbery in the First Degree 10/1/2000 VUCSA: Possession of Cocaine/Heroin 3/10/2000 9 Unlawful Entry 4/7/2007 Driving Under the 3 Transportation of a Controlled Influence Substance 4/29/1997 Hit and Run (Unattended - Property Damage) 7/23/1994 10 Assault in the Fourth Degree/ Assault and Unlawful 2 Domestic Violence 6/13/2012 Possession of Firearms Unlawful Possession of a Firearm in the First Degree 12/7/2010 Uniawful Entry (two counts) 8/3/2006 Domestic Violence Court Order Violation 1/9/2005 Criminal Trespass in the First Degree - Domestic Violence 9/17/2003 Negligent Driving 1 2/3/2003 Obstructing a Law Enforcement Officer 12/9/2002 Conspiracy VUCSA (Delivery of Heroin) 12/18/1996 2 11 Illegal Reentry After Deportation 2/14/2006 Criminal Trespass 3 Illegal Reentry After Deportation 8/8/1997 Possess for Sale Controlled Substance 5/22/1993 12 Driving While Under the Influence 1 1/3/2008 D1'iV111g Withmit 3 2 License; Failure to Appear; Assault; Theft 3rd Degree Reentry After Deportation 1 1/24/2003 Driving Under The Influence 4/26/2002 Use/Under the Influence of Controlled Substances 4/26/2002 Drive While License Suspended 4/26/2002 August 26, 2013 Page - 5 Date of Current Charge Leading Prior Prior Convictions Violation to King County Custody Deportations Possession of Controlled Substance - (Methamphetamine) 4/1 /1 998 Possession of Controlled Substance (Methamphetamine) 9/ 10/1997 13 Controlled Substance - Felony 4/25/2013 Commlled Substance' 4 Unlawful Entiy by Eluding Felony Immigration (two counts) 10/14/2004 VUCSA: Delivery of Cocaine 1 1/6/2003 Illegal Reentry 7/3/1996 Possession of a Controlled Substance: Cocaine 5/28/1996 Criminal Driving while License Suspended/Revoked 5/ 1/ 1 996 Criminal Driving while License Suspended/Revoked 4/20/1996 Manufacture/Deliver of Controlled Substance: Heroin 1 1/4/1991 As the above chart illustrates, the defendants our office prosecuted are individuals with a combination of significant criminal or deportation histories, and serious current charges. We believe these prosecutions are important for public safety. Moreover, this chart does not include individuals with significant criminal histories made known to us through the Criminal Alien Program and the ICE detainer process whom we declined to prosecute criminally prior to their administrative deportation. I hope this information is helpful to policy makers as they consider any changes to the policy of honoring ICE detainers in King County. We all share the goal of maintaining public safety while ensuring public trust between law enforcement and the communities we serve. Please do not hesitate to Contact me should you have any questions. I can be reached at (206) 553-7970. Yours truly, ROBERT H. WESTINGHO Chief, Criminal Division cc: Dan Satterberg, King County Prosecuting Attorney