How Utah’s Department of Corrections expects to enforce Gov. Cox’s deportation plans

SALT LAKE CITY — The Department of Corrections is shedding more light on its role in Gov. Spencer Cox’s plan to deport undocumented immigrants who commit crimes or pose a threat to public safety.

“We’re going to work cooperatively with the new administration to improve things,” said Brian Redd, executive director of the Utah Department of Corrections.

Redd said he supports Cox’s plans to work with the new Trump administration on the deportation effort, for convicted criminals and those who pose threats.

Redd said the DOC has already been working with the Immigration and Customs Enforcement agency, but he seeks to streamline their efforts. Specifically, the process of identifying undocumented inmates and parolees to share that information with federal and state agencies, including the state’s Department of Public Safety.

According to DPS, more than half of all drug-related offenses detected along the Jordan River Trail this year were perpetrated by undocumented immigrants.

“We want to make sure that people coming into our custody are identified, if they are here illegally, and we are going to have cooperative information with Immigration and Customs Enforcement,” Redd said. “Another thing — we will continue to work cooperatively with our law enforcement partners in sharing information.”

Gov. Cox announces efforts to assist in deportations once Trump again takes office

How many undocumented inmates are there in Utah?

According to Redd, undocumented immigrants make up 4.6% of the state’s prison population — roughly 285 inmates — including eight people serving life without parole sentences.

The department calculated the figure based on three criteria: the inmate is known to be in the country illegally, their citizenship status is unknown, or they have an active ICE detainer to hand over an inmate to immigration agents at the end of their sentence.

Redd said most of the offenses made by those 285 inmates are serious felonies, with 59 prisoners convicted for murder and 181 serving time for sexual crimes.

“We don’t want people here illegally or here with legal status committing crimes,” Redd said.

Redd said he hopes the new administration will also look at “cumbersome” red tape that county jails face in housing immigrants who are in ICE custody.

“We were approached by ICE, wondering if we could house detainees, which isn’t possible but county jails have also been approached,” Redd said. “One of the main challenges is the jail standards that are required by (ICE) are just very difficult to meet — they are very cumbersome. And so it makes it very cost prohibitive for sheriffs to be able to cooperate and contract with the federal government.”

According to immigration attorney Jonathan Shaw, right now, Utah’s law enforcement agencies may only house an ICE detainee for 48 hours under an “ICE hold.” And, in Utah, immigrants in ICE custody are often transferred to federal facilities in Nevada and Colorado.

Redd said the 285 undocumented inmates cost the state $16 million based on the daily rate of $153.28 to house an inmate.

“We’re trying to point out to the public the cost,” Redd said. “And could that funding be used in different ways?”

How would criminal deportations work?

The Utah Board of Pardons and Parole, which is in charge of determining a prisoner’s sentence, issued a statement on the governor’s announcement:

“As part of the executive branch, the Board of Pardons and Parole will work with the governor and legislature to achieve policy goals while upholding the state constitution and statutes. We are committed to protecting public safety and recognize the complexity of balancing the law and the rights of all involved — victims, offenders, and the community.”

However, the details are unclear on how the state agencies plan to carry out the deportation of convicted inmates under the new administration.

“We’re going to wait to see what the new administration’s plan is,” Redd said.

Redd admits deporting many of the state’s convicted inmates will be a complex process that will likely require new federal and state legislation.

“I don’t think anyone is suggesting immediately that we are going to ship people back without them paying their debt to society. I think that’s a policy question,” Redd said. “What we’re highlighting is that there is a cost. Obviously, if we had confidence that the border was secured and they weren’t coming back, then I guess that is still a policy question.”

According to Shaw, the ultimate authority to deport or not rests with the federal government and its immigration courts, unless there is a legislative change.

“That (decision) is the sole discretion of the immigration judge,” Shaw said. “A judge would issue a removal order so that the immigrant then has to leave the country.”

Shaw also pointed out that some countries, such as Venezuela, do not have deportation agreements with the United States.

“People that have been issued removal orders are remaining in custody or even let out of custody here in the United States… because of the political circumstances … between Venezuela (for example) and the United States,” Shaw said. “It’s difficult for immigration officials to remove them from the country because their home country is not receiving them.”

A “chilling factor”

“It’s not just about accountability but it’s about the values that we hold as a society,” said Salt Lake County District Attorney Sim Gill.

Gill said he doesn’t oppose the governor’s plans, but he wants convicted criminals, many of whom have been prosecuted by his office, to serve out their sentences in the United States before they’re deported. He called on policymakers to take a “thoughtful approach.”

“Nobody disagrees with the fact that if you’re an illegal immigrant and committing crimes that you should be held accountable. You should be prosecuted, whether it’s federally or locally, and then appropriately deported when it’s right,” Gill said. “I want to make sure that they’re prosecuted and held here so that we can deliver that measure of justice for our victim here and to deliver that sense of security and accountability for our community as well.”

Gill also expressed concern over a “chilling factor” that the governor’s announcement could send to immigrant communities as a “collateral consequence.”

For example, Gill referenced witnesses to a crime who may grow to fear cooperating with an investigation if their legal status were questioned.

“I want to make sure that we don’t throw out the baby with the bath water,” Gill said. “We live in a state where we have a church that goes out and proselytizes to the world. And the world is invited here. People look differently (and) come from different cultures. I want to make sure that we respect everyone’s legal presence here and we don’t have a knee-jerk reaction just because somebody looks differently.”