Utah’s Agreement with ICE: Streamlining Deportation for Dangerous Criminals

SALT LAKE CITY — In a significant legal development, Utah has signed an agreement with Immigration and Customs Enforcement (ICE) aimed at optimizing the processes surrounding the release of individuals deemed “dangerous criminals” who were incarcerated in the U.S. while residing here illegally. However, state officials assure that this new agreement will not alter the existing protocols for handling inmates flagged for deportation.

Understanding the 287(g) Program

This agreement aligns with ICE’s 287(g) program, which has seen various states adopt different components, excluding states like Washington, Oregon, California, Illinois, Delaware, Rhode Island, and Vermont. The program is designed to offer flexibility, allowing states to implement one of three operational models: the jail enforcement model, the task force model, or the warrant service officer program.

The first two models help local law enforcement agencies address illegal immigration as they go about their daily duties, while the latter focuses specifically on processes for issuing warrants related to those who are unlawfully present and eligible for deportation upon release.

Building on a Long-standing Partnership

The Utah Department of Corrections (UDC) emphasized its historical collaboration with ICE to manage the removal of individuals considered dangerous criminals through this formal agreement. Executive Director Spencer Turley mentioned that this partnership has been in place for many years, transcending changes in federal administrations.

He noted that ICE typically places detainers on inmates, which means they will not be released back into the community but instead handed over to ICE for deportation proceedings once they have completed their sentences.

The New Warrant Service Officer Role

One of the key features of this agreement is the establishment of a warrant service officer at both the Utah State Correctional Facility and the Central Utah Correctional Facility. This officer, an employee of the UDC, will be specifically trained to facilitate communication and information sharing with ICE.

UDC Executive Director Jared Garcia stated, “We are dedicated to protecting communities, and that’s what this relationship does.” He further reinforced the commitment to holding accountable those who enter the country illegally and engage in criminal activity.

Clarifying ICE’s Authority

Turley reiterated that the agreement does not grant ICE any new authority and that no inmates will be forcibly removed before serving their full sentences. Decisions regarding which individuals are flagged for deportation occur at the federal level, not through state discretion.

“This applies only to inmates already in our custody,” Turley clarified. “We don’t decide who ICE targets.”

Implications for Inmates and the Community

The implications of this agreement are substantial for individuals currently serving time in Utah’s prison system. While the UDC has not provided details on the procedures that will follow after a warrant is served post-release, the presence of a warrant service officer indicates a structured approach to managing deportation processes.

However, specifics on what qualifies someone as a “dangerous criminal” under this new agreement have yet to be addressed by ICE.

Legal Perspectives on Dangerous Criminals

Salt Lake County District Attorney Sim Gill contributed insight into how dangerous criminals are defined within the justice system, categorizing them as those engaging in violent, person-on-person crimes. He emphasized that often, prosecutors may not know the immigration status of the accused at the onset of a case, focusing instead on the crime itself.

Gill expressed a commitment to justice, stating that even individuals who are undocumented should serve their time in the U.S. "This is simply memorializing the practice,” he said, stressing the importance of equitable justice, irrespective of immigration status.

Continuing Cooperation with ICE

In conclusion of the outlined processes, the Utah Department of Corrections has affirmed its ongoing cooperation with ICE under the existing protocols. The new agreement is positioned not to alter the handling of inmates flagged for deportation but rather to enhance the clarity and efficacy of communication between state and federal authorities.

As this agreement rolls out, many will be watching how it impacts not just the legal landscape but also the broader community dynamics in Utah.