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Sanctuary Or SANCTUARY OR Sanctuary Policies in SNARE? the District of Columbia 2 ABOUT THE AUTHORS AMERICAN UNIVERSITY WASHINGTON COLLEGE OF LAW, IMMIGRANT JUSTICE CLINIC The Washington College of Law Immigrant Justice Clinic provides representation on a broad range of cases and projects, serving migrants and their communities in the D.C. metropolitan area, the greater United States, and beyond. Student attorneys handle matters that develop core lawyering skills, such as interviewing, counseling, negotiation, and trial advocacy, while cultivating complementary skills in the areas of policy and legislative advocacy, community organizing, and working with the media. JUST FUTURES LAW Just Futures Law is a women of color-led immigration lawyering project that works to support the immigrant rights movement in partnership with grassroots organizations. JFL staff have decades of experience in providing technical assistance, written legal resources, litigation, and training for attorneys, advocates, and community groups in various areas of immigration law, particularly at the intersection of criminal and privacy law. ACKNOWLEDGEMENTS The authors would like to thank all who have contributed to this report, with special thanks to current and former Immigrant Justice Clinic students Katia Barron Villegas, Tamara Castro Marquez, Taylor Gibson, Shazreh Khan, Nataliya Kindiy, Marlena Konopka, Kara Kozikowski, Soumyo Lahiri-Gupta, Aden Leasor, William Mogtader, Zachary Blas Perez, Luis Salazar, Alaina Taylor, Angélicca Telles, and Audrey Vorhees. Professor Jayesh Rathod supervised these students in his capacity as Director of the Immigrant Justice Clinic. Thanks to editors Julie Mao and Paromita Shah at Just Futures Law. Special thanks to the ICE Out of DC Coalition, Claudia Quinones, Austin Rose, Alex Taliadoros, Jesse Franzblau, and Katie D’Adamo for sharing their knowledge and for their contributions to this report. Cover Design Artist: Woojung Lee TABLE OF CONTENTS EXECUTIVE SUMMARY ..........................................................................................................1 FOREIGN-BORN POPULATION OF D.C. .............................................................................. 2 BACKGROUND ........................................................................................................................3 A. FUNDAMENTALS: ICE AND LOCAL LAW ENFORCEMENT ...................................................... 3 1. 287(g) Program .................................................................................................................................3 2. ICE Detainers and Notifications ....................................................................................................4 3. Secure Communities .......................................................................................................................4 B. FIGHTING LOCAL POLICE COLLABORATION WITH ICE ......................................................... 5 SANCTUARY OR SNARE? .....................................................................................................8 A. D.C. CRIMINAL LEGAL SYSTEM AND ACTORS ......................................................................... 8 1. Arrest & Booking ..............................................................................................................................9 2. Presentment & Pretrial Detention ................................................................................................9 3. Disposition ...................................................................................................................................... 10 B. D.C. SANCTUARY LAW AND POLICIES ......................................................................................11 C. THE UNFULFILLED PROMISE OF D.C.’S SANCTUARY POLICY ............................................12 1. D.C. Department of Corrections: Cracks in Local Sanctuary Policies ................................ 12 2. MPD: Additional Cracks that Allow Collaboration with ICE ................................................... 13 3. Critical Failures Resulting from Federal Agency Involvement ............................................. 14 4. Insufficient Leadership from the D.C. Mayor ............................................................................ 16 5. Policing Tactics that Undermine Community Relations .........................................................17 D. POLICY RECOMMENDATIONS ....................................................................................................19 1. Enforce Compliance with the Sanctuary Values Amendment Act of 2020 ....................... 19 2. Eliminate All Cooperation by DOC and MPD with ICE, and Create an Enforcement and Oversight Mechanism to Promote Agency Accountability ............................................20 3. Implement Robust Reporting Requirements and Clear Complaint Procedures ...............20 4. Restructure Criminal Legal Processes to Minimize the Role of the U.S. Marshals ...........20 5. Promote Community-Centered Safety Practices and Decriminalization .......................... 21 6. Encourage Federal Agency Practices Consistent with Sanctuary Policy .......................... 21 7. Restructure Intergovernmental Agreement No. 16-00-0016 ................................................ 21 CONCLUSION .......................................................................................................................22 The District of Columbia, the nation’s capital, has publicly stated to residents that it is a Sanctuary City. However, for the reasons discussed in this report, the District continues to carry out policies that support ICE in detaining noncitizens in the District. PHOTO CREDIT: BRANDON WU, SANCTUARY DMV · JUNE 29, 2019 EXECUTIVE SUMMARY The District of Columbia (“D.C.” or “the District”) professes itself to be a sanctuary for individuals without immigration status. District leadership has touted the city’s status as a safe-haven for immigrants since 2011 when Mayor Vincent Gray announced a prohibition against police inquiring about immigration status and reporting noncitizens to federal immigration authorities.1 Mayor Muriel Bowser reaffirmed her commitment to the District’s sanctuary city status following the election of President Donald Trump in November 2016, stating that “our neighborhoods are safer and stronger when no one is afraid to call on our government for help.”2 However, a perilous dichotomy has emerged between the District’s proclaimed status as a sanctuary city and the policies carried out by the various actors involved in detaining and incarcerating noncitizens within its boundaries. Despite the seemingly strong sanctuary policies promulgated by District leadership, cooperation between local law enforcement agencies and federal immigration authorities persists. Affected communities and allies have observed that certain agencies regularly and willingly cooperate with U.S. Immigration and Customs Enforcement (“ICE”), thereby undermining the city’s expressed commitment to its noncitizen population. This report relies on information and data obtained through Freedom of Information Act (“FOIA”) requests, public research, and interviews with professionals in the field. Our investigation on the current state of D.C. sanctuary policies exposes a bleak reality. This report will highlight the way local agencies treat noncitizens who find themselves in the criminal legal system, such as collecting citizenship information and in some cases, reporting noncitizens to immigration authorities. Following this introduction, Part II will describe the larger federal landscape, demonstrating how D.C. sanctuary policies are thwarted by federal policy. Part III will highlight the local agencies involved in the D.C. criminal legal system and describes the sanctuary policies that are currently on the books. Yet this part also offers a critical take, offering accounts from interviews and news reports that expose significant gaps which allow noncitizens to be transferred to federal immigration authorities. Finally, this report provides a series of concrete local policy and legislative recommendations to ensure the letter and the spirit of the District’s sanctuary policies are fully realized. 1 58 D.C. Reg. 9083, 9084 (Oct. 21, 2011). 2 Rachel Sadon, Bowser Says D.C. Remains a Sanctuary City, DCIST (Nov. 15, 2016), https://dcist.com/story/16/11/15/bowser-says-dc-remains-a-sanctuary/. 1 FOREIGN-BORN POPULATION OF D.C. Sanctuary policies have a direct impact on immigrants Immigrants living in D.C. encounter the District’s in D.C., who make up about 14% of the population.3 apparatus of federal and local government due to The D.C. immigrant community includes substantial the over-policing of their communities.6 Recent data representation from countries such as El Salvador, suggests that Black residents and other persons of color, Ethiopia, Mexico, Trinidad & Tobago, and China. While including immigrants, are disproportionately subject some foreign-born D.C. residents have naturalized, to police stops, leaving them vulnerable to possible as of 2016, 28% of the immigrant population is immigration consequences. In 2016, the D.C. Council undocumented.4 unanimously passed the Neighborhood Engagement Achieves Results Amendment Act (“NEAR Act”), which As of 2018, immigrants made up 17% of the workforce in relevant part, required the Metropolitan Police in D.C.5 As a whole, the immigrant population, made up Department (“MPD”) to collect and release
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