Gregoire favors deportations as way to cut state's jail costs

To save money, Gov. Christine Gregoire wants illegal immigrants serving time in state jails deported.

Her proposal estimates that deporting illegal immigrants — who are serving or would serve time in state jails for drug- or property-crime convictions — will save the state more than $9 million in the next two-year budget.

The state faces a $5.7 billion budget deficit over the next 2 ½ years, and Gregoire has proposed a no-new-taxes budget laden with cuts, including about $200 million from the Department of Corrections, the Attorney General's Office and other public-safety programs.

The deportation proposal is modeled after a program in Arizona that has saved that state more than $18.5 million since 2005, said Eldon Vail, secretary of Washington's Department of Corrections.

"It's not an ideal choice. If revenue was there, I'd say have them do their time," Vail said. "Is justice better served? It's a tough question to wrestle with when you don't have resources."

The proposal would call for the state to come to an agreement with U.S. Immigrations and Customs Enforcement (ICE), which would carry out the deportations. In Washington, there are about 350 prisoners who would be eligible to be transferred to ICE. On average, it costs the state $90 a day to imprison an inmate, Vail said.

It also includes allowing state workers to act as immigration agents in some instances, assisting ICE in processing illegal immigrants under a version of the so-called 287(g) agreements, which are contentious among immigrant advocates.

Objections raised

"Generally, we are always concerned with any attempt by local, state officials to try to enforce immigration law," said Jorge Baron, executive director of the Northwest Immigrant Rights Project, a legal-aid organization for immigrants.

"It's a field of law that's very complex. In our experience, any time local, state agencies get involved, it leads to problems," Baron said.

Baron said even those with criminal convictions can still be eligible for citizenship under U.S. law in some cases, and others can qualify for asylum.

Gregoire's proposal represents a policy shift toward illegal immigrants from a state that had largely stayed away from immigration enforcement. Washington state, with its large agricultural industry, attracts a large number of undocumented workers, mostly from Mexico.

But, said state Sen. Margarita Prentice, D-Renton, "We're not Arizona.

"Not everybody can be rehabilitated, but I know no one deserves to be mistreated."

Prentice, who chairs the Ways and Means committee and writes the Senate's budget proposal, said she will oppose the measure. The veteran lawmaker also is worried cuts may be proposed in other programs that provide humanitarian aid to illegal immigrant women and their children.

"Immigrants are a vulnerable group politically, that face the brunt of difficult budget situations," Baron said. "I understand this is to preserve state resources, but we're often talking about people's lives."

Gregoire's proposal would require approval from state lawmakers to be enacted, said Chad Lewis, Department of Corrections spokesman.

Following 2 states' lead

Washington would join Arizona and New York in having similar programs. From 1995 to 2007, New York has saved an estimated $141 million by releasing more than 1,950 illegal immigrant inmates into federal hands, says the New York State Department of Correctional Services.

Currently in Washington, immigration agents can comb local jails for illegal immigrants. Once federal agents identify an illegal immigrant in jail, a hold is placed on the person, and the federal government waits for the local sentence to be served before deportation procedures begin.

Called the Criminal Alien Program, ICE says the program helps increase deportations of criminals and maintains keeping its public-safety promise. More than 3,000 illegal immigrants removed by ICE between Oct. 1, 2007, and Sept. 30, 2008, had prior criminal convictions — however, not all immigrants with criminal records came from the jail-canvassing program.

In Arizona, the joint agreement between ICE and the state is considered a success by officials. "The benefit to the state of Arizona is obviously bed space," said Vincent Picard, ICE spokesman in Phoenix. "It's an opportunity for us to share resources and operate more efficiently."

Vail said that Arizona saved 210 days of imprisonment costs per inmate with the number of people it transferred to federal authorities.

Drug and property convictions include theft and drug possession, which are nonviolent crimes. Vail said the state would not release violent criminals.

"We've looked at a lot of ideas we wouldn't normally pursue. This is one where it's been done successfully."