Wilner & O'Reilly, APLC
One Practice. One Focus. One Passion: Immigration Law.

Jailing of immigrants contributing to overcrowding of jails

A Center for Juvenile and Criminal Justice study suggests that the detaining of non-criminals accused of immigration violations in California leads to overcrowding of prisons.  This none-too-surprising conclusion may suggest that Immigrations and Customs Enforcement practice of placing arresting individuals on hold until the immigration status of those arrested is ascertained is creating a number of unintended consequences.

In Los Angeles, sheriffs now only detain individuals that have a criminal history or have been accused of a serious or violent crime.  Still, in many other counties the person arrested remains on hold even after only having been arrested for traffic or other minor offenses.

In a two-and-a-half year period, ICE placed 71,781 holds upon individuals arrested in California who had no known criminal history. However, there has been a reduction in the number of holds since a Supreme Court order was put in place ordering prisons to reduce populations and thus placing more individuals convicted of committing felons instead into county jails. This in effect placed immigrants with no criminal records side-by-side with hardened prisoners.

Obviously there is an argument for deportation defense attorneys representing undocumented immigrants arrested that the detaining of immigrants in this manner is unjust. Making this argument clear for the courts to understand, however, is not always as easy as it may sound. Attorneys that have witnessed the net effect of these holdings first hand and understand what immigrants have experienced are more likely to make that argument seem compelling.

We hope at some point that public officials get the picture that good people are being hurt by being detained for no other reason than being undocumented immigrants. These are people here to work hard, make a living and support their families.

Source: Southern California Public Radio, "Report: Releasing undocumented immigrants could help relieve Calif.'s jail overcrowding," Rina Palta, Aug. 5, 2013

Lawyers Your Can Trust

Our Office Locations

Orange Office
333 City Boulevard West
Ste. 1918
Orange, CA 92868

Toll Free: 800-352-7034
Phone: 714-919-8880
Orange Law Office Map

Sacramento Office
2730 Gateway Oaks Dr.
Ste. 110
Sacramento, CA 95833

Toll Free: 800-352-7034
Phone: 916-643-4657
Sacramento Law Office Map

Riverside Office
3403 Tenth Street
Ste. 742
Riverside, CA 92501

Toll Free: 800-352-7034
Phone: 951-787-0010
Riverside Law Office Map

Salt Lake City Office
675 E 2100 S, Suite 300
Salt Lake City, UT 84106

Toll Free: 800-352-7034
Phone: 801-594-9999
Map & Directions

Orem Office
1145 South 800 East
Orem, UT 84097

Toll Free: 800-352-7034
Phone: 801-594-9999
Map & Directions

San Bruno Office
1001 Bayhill Drive, Ste. 200
San Bruno, CA 94066

Toll Free: 800-352-7034
Phone: 650-243-0475
Map & Directions

Boise Office
950 W Bannock Street
Ste 1100
Boise, ID 83702

Phone: 208-391-2020
Fax: 208-485-7969
Map & Directions