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Crime

ICE: 662,000 criminal foreign nationals to be deported are living free nationwide

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ICE-ERO Baltimore Fugitive Operations agents arrested and removed 19-year-old Guatemalan national Henry Argueta-Tobar, who was illegally in the country and convicted of raping a Maryland resident.

From The Center Square

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387,000 criminal noncitizens arrested by ICE between fiscal 2021 and 2023

More than 660,000 criminal foreign nationals identified to be deported by U.S. Customs and Immigration Enforcement are freely living in communities nationwide.

Among them are those convicted or charged with violent crimes, including homicide, sexual assault and kidnapping, according to information released in response to a congressional request.

ICE was requested to provide information about the number of noncitizens on its docket for removal who are convicted or charged with a crime. As of July 21, 2024, “there were 662,566 noncitizens with criminal histories on ICE’s national docket, which includes those detained by ICE, and on the agency’s non-detained docket. Of those, 435,719 are convicted criminals, and 226,847 have pending criminal charges,” ICE Deputy Director Patrick Lechleitner said.

This includes criminal foreign nationals convicted of, or charged with, homicide (14,914), sexual assault (20,061), assault (105,146), kidnapping (3,372), and commercialized sexual offenses, including sex trafficking (3,971).

An additional 60,268 are on the list for burglary/larceny/robbery; 126,343 for traffic offenses including driving under the influence (DUIs) and 16,820 for weapons offenses.

ICE’s national docket refers to illegal foreign nationals who were apprehended by Border Patrol agents who then turn them over to ICE. Despite having a confirmed documented criminal history, ICE released them into the United States.

Lechleitner notes that some local jurisdictions “have reduced their cooperation with ICE, to include refusal to honor ICE detainer requests, even for noncitizens who have been convicted of serious felonies and pose an ongoing threat to public safety” due to their so-called “sanctuary city” policies. “However, ‘sanctuary’ policies can end up shielding dangerous criminals, who often victimize those same communities,” he said.

Because of local jurisdictions refusing to cooperate with ICE, the agency lifted detainers for 24,796 known criminals and released them into the U.S., he said. The data is from Oct. 1, 2020, through July 22, 2024.

Among them, state and local law enforcement agencies refused to comply with 23,591 detainer requests; 1,205 detainer requests were lifted “due to insufficient notice to ICE.”

Also during this period, ICE Enforcement and Removal Operations issued 2,897 detainers that were declined by state or local law enforcement agencies even after the subject of the detainer request had a subsequent apprehension by ICE ERO, according to the report.

Lechleitner also notes that “most noncitizens who are convicted of homicide are typically not eligible for release from ICE custody under §236(c) of the Immigration and Nationality Act” but “ICE officers may use their discretion in making custody determinations and release noncitizens with conditions.” He says these determinations are made on a “case-by-case basis.”

In response, U.S. House Committee on Homeland Security Chairman Mark Green, R-TN, said, “It may be shocking to hear that the Biden-Harris administration is actively releasing tens of thousands of criminal illegal aliens into our communities, but their own numbers conclusively prove this to be the case.

“This defies all common sense. Under President Biden and his ‘border czar,’ Vice President Harris, DHS law enforcement has been directed to mass-release illegal aliens whom they know have criminal convictions or are facing charges for serious crimes – and these dangerous, destructive individuals are making their way into every city and state in this country. How many more Americans need to die or be victimized before this administration is forced to abide by the laws they swore to uphold?

“This is madness. It is something no civilized, well-functioning society should tolerate.”

Texas Gov. Greg Abbott said the number was “shocking.”

“If accurate, it means that almost 10%” of the criminal illegal foreign nationals released into the country by the Biden-Harris administration “are criminals. It also debunks the narrative that illegal immigrants are less likely to commit crime. We can’t survive four more years of this.”

More than 387,000 criminal noncitizens were arrested by ICE ERO agents in fiscal years 2021 through 2023, The Center Square first reported.

The majority arrested were citizens of Mexico, Nicaragua, Columbia and Venezuela.

The majority of arrests occurred in Dallas and Houston, Texas, according to an ICE online statistical dashboard. The most common arrests are of those convicted of DUIs, drug possession, and assault and criminal (non-civil) traffic offenses like hit-and-run or leaving the scene of an accident, ICE says.

Additionally, a separate data point shows that U.S. Customs and Border Protection and Border Patrol apprehensions of criminal noncitizens totaled nearly 54,000 since fiscal 2021, according to CBP data as of Sept. 16. The majority were for illegal entry and reentry and DUIs.

Alberta

Electronic monitoring of repeat offenders begins

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Offenders and accused who pose a public safety risk may now be subject to 24-7 court-ordered electronic monitoring by Alberta Correctional Services as part of their community supervision conditions

Alberta’s government is taking action to combat rising crime and restore safety by launching an electronic monitoring program as part of its Safe Street Action Plan.

Alberta’s government is keeping a promise and implementing a new ankle bracelet monitoring program in response to the country’s problematic bail system. The ongoing catch-and-release policy brought in by Ottawa forced Alberta’s government to take additional action to protect families and communities.

Starting Jan. 15, the new provincial ankle bracelet electronic monitoring program to help hold high-risk and repeat offenders accountable will officially launch. Through this program, offenders and accused who pose a public safety risk may now be subject to 24-7 court-ordered electronic monitoring by Alberta Correctional Services as part of their community supervision conditions.

“Ottawa’s Bill C-75 has broken the bail system. We are taking an important step toward combating rising crime. High-risk offenders pose a significant risk to public safety and require enhanced supervision in the community. As government, it’s our duty to protect Albertans and their communities. Ankle bracelet electronic monitoring is another tool in the toolbox for courts to consider when determining sentencing or bail conditions, helping us combat rising crime and create safer Alberta communities.”

Mike Ellis, Minister of Public Safety and Emergency Services

Announced alongside other measures to enhance community safety in last spring’s Public Safety Statutes Amendments Act, 2024, individuals under a court-ordered electronic monitoring condition will be required to wear a Global Positioning System (GPS) tracking device monitored by a new unit within Alberta Correctional Services, ensuring compliance and consistent oversight of high-risk offenders on bail and community release throughout the province.

Ankle bracelet electronic monitoring will protect Albertans and communities by helping to secure offender-restricted areas, such as victims’ residences, places of employment or any other area deemed off-limits as part of an individual’s bail or community-release conditions. Probation officers within Alberta Correctional Services continue to supervise individuals under provincial community-based court conditions and bail supervision. Previously, this supervision primarily occurred during regular business hours and did not involve the use of GPS electronic monitoring ankle bracelets. Anyone under court-ordered electronic monitoring conditions will be informed of the program requirements, including the tracking of their location.

“Alberta’s government continues to call for federal bail and sentencing reform to stop violent criminals from re-entering our communities. We remain committed to prioritizing the safety of Albertans through measures like the use of ankle monitors, strengthening the Crown Prosecution Service, the courts and policing to protect Albertans from violent criminals.”

Mickey Amery, Minister of Justice and Attorney General

Following extensive stakeholder engagements and an open technology vendor procurement process, the launch of the provincial electronic monitoring program enhances community supervision with around-the-clock monitoring and adds to the various methods and community supports already used by probation officers, including regular reporting, referrals to community programs and ongoing engagement with policing partners. Additionally, this program aligns Alberta with programs in other provinces across Canada.

Quick facts

  • The new program will supervise individuals whose conditions include court-ordered electronic monitoring.
  • Alberta’s electronic monitoring program is supported by $2.8 million to cover implementation costs for the 2024-25 fiscal year.
  • In August 2024, the government selected SCRAM Systems as the technology vendor for the ankle bracelet electronic monitoring program through an open procurement process.
  • The estimated end date for the electronic monitoring vendor contract is March 31, 2029.

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Addictions

Nanaimo syringe stabbing reignites calls for involuntary care

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Safe needle disposal box at Deverill Square Gyro 2 Park in Nanaimo, B.C., Sept. 5, 2024. [Photo credit: Alexandra Keeler]

By Alexandra Keeler

Some politicians, police and community groups argue involuntary care is key to addressing severe addiction and mental health issues

The brutal stabbing last month of a 58-year-old city employee in Nanaimo, B.C., made national headlines. The man was stabbed multiple times with a syringe after he asked two men who were using drugs in a public park washroom to leave.

The worker sustained multiple injuries to his face and abdomen and was hospitalized. As of Jan. 7, the RCMP were still investigating the suspects.

The incident comes on the heels of other violent attacks in the province that have been linked to mental health and substance use disorders.

On Dec. 4, Vancouver police fatally shot a man armed with a knife inside a 7-Eleven after he attacked two staff members while attempting to steal cigarettes. Earlier that day, the man had allegedly stolen alcohol from a nearby restaurant.

Three months earlier, on Sept. 4, a 34-year-old man with a history of assault and mental health problems randomly attacked two men in downtown Vancouver, leaving one dead and another with a severed hand.

These incidents have sparked growing calls from politicians, police and residents for governments to expand involuntary care and strengthen health-care interventions and law enforcement strategies.

“What is Premier Eby, the provincial and federal government going to do?” the volunteer community group Nanaimo Area Public Safety Association said in a Dec. 11 public statement.

“British Columbians are well past being fed-up with lip-service.”

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‘Extremely complex needs’

On Jan. 5, B.C.’s newly reelected premier, David Eby, announced the province will open two involuntary care sites this spring. One will be located at the Surrey Pretrial Centre in Surrey, and the other at the Alouette Correctional Facility in Maple Ridge, a city northeast of Vancouver.

Eby said his aim is to address the cases of severe addiction, brain injury and mental illness that have contributed to violent incidents and public safety concerns.

Involuntary care allows authorities to mandate treatment for individuals with severe mental health or substance use disorders without their consent.

Amy Rosa, a BC Ministry of Health public affairs officer, confirmed to Canadian Affairs that the NDP government remains committed to expanding both voluntary and involuntary care as a solution to the rise in violent attacks.

“We’re grappling with a growing group of people with extremely complex needs — people with severe mental health and addictions issues, coupled with brain injuries from repeated overdoses,” Rosa said.

As part of its commitment to expanding involuntary care, the province plans to establish more secure facilities and mental health units within correctional centres and create 400 new mental health beds.

In response to follow-up questions, Rosa told Canadian Affairs that the province plans to introduce legal changes in the next legislative session “to provide clarity and ensure that people can receive care when they are unable to seek it themselves.” She noted these changes will be made in consultation with First Nations to ensure culturally safe treatment programs.

“The care provided at these facilities will be dignified, safe and respectful,” she said.

Maffeo Sutton Park, where on Dec. 10, 2024, a Nanaimo city worker was stabbed multiple times with a syringe; Sept. 1, 2024. [Photo credit: Alexandra Keeler]

‘Health-led approach’

Nanaimo Mayor Leonard Krog says involuntary care is necessary to prevent violent incidents such as the syringe stabbing in the city’s park.

“Without secure involuntary care, supportive housing, and a full continuum of care from detox to housing, treatment and follow-up, little will change,” he said.

Elenore Sturko, BC Conservative MLA for Surrey-Cloverdale, agrees that early intervention for mental health and substance use disorders is important. She supports laws that facilitate interventions outside of the criminal justice system.

“Psychosis and brain damage are things that need to be diagnosed by medical professionals,” said Sturko, who served as an officer in the RCMP for 13 years.

Sturko says although these diagnoses need to be given by medical professionals, first responders are trained to recognize signs.

“Police can be trained, and first responders are trained, to recognize the signs of those conditions. But whether or not these are regular parts of the assessment that are given to people who are arrested, I actually do not know that,” she said.

Staff Sergeant Kris Clark, a RCMP media relations officer, told Canadian Affairs in an emailed statement that officers receive crisis intervention and de-escalation training but are not mental health professionals.

“All police officers in BC are mandated to undergo crisis intervention and de-escalation training and must recertify every three years,” he said. Additional online courses help officers recognize signs of “mental, emotional or psychological crisis, as well as other altered states of consciousness,” he said.

“It’s important to understand however that police officers are not medical/mental health professionals.”

Clark also referred Canadian Affairs to the BC Association of Chiefs of Police’s Nov. 28 statement. The statement says the association has changed its stance on decriminalization, which refers to policies that remove criminal penalties for illicit drug use.

“Based on evidence and ongoing evaluation, we no longer view decriminalization as a primary mechanism for addressing the systemic challenges associated with substance use,” says the statement. The association represents senior police leaders across the province.

Instead, the association is calling for greater investment in health services, enhanced programs to redirect individuals from the justice system to treatment services, and collaboration with government and community partners.

Vancouver Coastal Health’s Pender Community Health Centre in East Hastings, Vancouver, B.C., Aug. 31, 2024. [Photo credit: Alexandra Keeler]

‘Life or limb’

Police services are not the only agencies grappling with mental health and substance use disorders.

The City of Vancouver told Canadian Affairs it has expanded programs like the Indigenous Crisis Response Team, which offers non-police crisis services for Indigenous adults, and Car 87/88, which pairs a police officer with a psychiatric nurse to respond to mental health crises.

Vancouver Coastal Health, the city’s health authority, adjusted its hiring plan in 2023 to recruit 55 mental health workers, up from 35. And the city has funded 175 new officers in the Vancouver Police Department, a seven per cent increase in the force’s size.

The city has also indicated it supports involuntary care.

In September, Vancouver Mayor Ken Sim was one of 11 B.C. mayors who issued a statement calling on the federal government to provide legal and financial support for provinces to implement involuntary care.

On Oct. 10, Conservative Party Leader Pierre Poilievre said a Conservative government would support mandatory involuntary treatment for minors and prisoners deemed incapable of making decisions.

The following day, Federal Minister of Mental Health and Addictions Ya’ara Saks said in a news conference that provinces must first ensure they have adequate addiction and mental health services in place before discussions about involuntary care can proceed.

“Before we contemplate voluntary or involuntary treatment, I would like to see provinces and territories ensuring that they actually have treatment access scaled to need,” she said.

Some health-care providers have also expressed reservations about involuntary care.

In September, the Canadian Mental Health Association, a national organization that advocates for mental health awareness, issued a news release expressing concerns about involuntary care.

The association highlighted gaps in the current involuntary care system, including challenges in accessing voluntary care, reports of inadequate treatment for those undergoing involuntary care and an increased risk of death from drug poisoning upon release.

“Involuntary care must be a last resort, not a sweeping solution,” its release says.

“We must focus on prevention and early intervention, addressing the root causes of mental health and addiction crises before they escalate into violent incidents.”

Sturko agrees with focusing on early intervention, but emphasized the need for such interventions to be timely.

“We should not have to wait for someone to commit a criminal act in order for them to have court-imposed interventions … We need to be able to act before somebody loses their life or limb.”


This article was produced through the Breaking Needles Fellowship Program, which provided a grant to Canadian Affairs, a digital media outlet, to fund journalism exploring addiction and crime in Canada. Articles produced through the Fellowship are co-published by Break The Needle and Canadian Affairs.

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