Implementation Guide

Immigration Policing Racial and Ethnic Disparities May 23, 2023

Immigration Enforcement Policies and Detainer Trends in SJC Sites

UCI School of Sociology: Department of Criminology, Law and Society

The Safety and Justice Challenge (SJC) was launched by the MacArthur Foundation in 2015 to assist local criminal justice systems in reducing their jail populations and advancing racial equity. To date, MacArthur has supported a total of 57 cities and counties1, which comprise a national network of local criminal justice systems committed to reducing the footprint of the justice system. While ameliorating disparities and social inequalities permeate recent justice policies, these efforts coincide with a rise in anti-Latino/a rhetoric and the evolution of anti-immigration measures. Anti- Latino/a rhetoric associated with anti-immigrant sentiment is not new; in fact, scholars have noted that historically, racial scripts of Mexicans and Mexican Americans living in the United States have included depictions of noncitizens and individuals undeserving of resources (Molina, 2014). Historically, immigration policy has fluctuated in response to labor demand and anti-immigrant sentiment (e.g., Molina, 2014; Massey, 2009). Most recently, there has been a devolution of federal immigration enforcement to localities, which has led to anti-immigration campaigns and the introduction of approximately 1,500 local anti-immigration ordinances in state and local legislatures (Koulish, 2010, p.138-139). Secure Communities, an example of immigration devolution, was a 2008-to-20212 Department of Homeland Security (DHS) initiative requiring the Federal Bureau of Investigation (FBI) to share fingerprints with DHS to allow Immigration and Customs Enforcement (ICE) to identify undocumented immigrants. The 287 (g) agreements establish a partnership with federal, state, and local law enforcement agencies to cooperate with federal agencies to remove undocumented individuals.3 Additionally, traffic violations can also be counted as crimes for the purpose of removal (Abrego, Coleman, Martinez, Menjivar, & Slack, 2017). Advocates and academics have recently documented how 287(g) agreements have increased policing in Latino/a neighborhoods and how traffic enforcement is used to investigate legal status (Coleman & Kocher, 2019). Equally concerning is the fact that the devolution of immigration enforcement to interior enforcement has spillover effects on all Latino/as (Aranda, Menjivar, & Donato, 2014).

Robust immigration enforcement by local, state, and federal authorities is currently the backdrop of criminal justice reform efforts. Immigration policies can influence how local law enforcement engages with undocumented populations, which may include Latino/a communities. Immigration enforcement and local-federal cooperation can result in an increase in arrests and detainers. A detainer is an immigration hold request that allows ICE to remove undocumented individuals from federal, state, or local custody. During the Trump Administration, the number of immigration arrests increased from a total of 30,028 in 2016 to 41,328 in 20174 and detainers increased from 85,720 in 2016 to 142,474 in 2017 (Transactional Records Access Clearinghouse). Moreover, anti-immigrant policies persist despite overwhelming evidence that immigrants are less likely to commit crimes than native-born Americans and that communities with a higher proportion of immigrants have lower crime rates (National Academy of Sciences, 2015; Ousey & Kubrin, 2018; Zatz & Rodriguez, 2015).

Research Report

Behavioral Health Disabilities Policing Racial and Ethnic Disparities May 26, 2022

Examining The Impacts Of Arrest Deflection Strategies On Jail Reduction Efforts

Shannon Magnuson, Cherrell Green, Amy Dezember, Brian Lovins—Justice System Partners

In 2015, the John D. and Catherine T. MacArthur Foundation launched the Safety and Justice Challenge (SJC), a multi-year initiative to reduce populations and racial disparities in American jails. To advance knowledge development grounded in a research agenda that explores, evaluates, and documents site-specific strategies to safely and effectively reduce jail populations and address racial and ethnic disparities, the Foundation engaged the Institute for State & Local Governance (ISLG) at the City University of New York (CUNY) to establish and oversee an SJC Research Consortium. Consortium members are nationally renowned research, policy, and academic organizations collaborating with SJC sites to build an evidence base focused on pretrial reform efforts.

Reducing jail populations and the collateral consequences of the legal system requires jurisdictions to critically examine the practices bringing these populations through the criminal legal system's front door. It requires implementing opportunities to reduce reliance on citation or arrest/booking, especially for populations with serious mental health disorders (SMHD) or substance use disorders (SUD), while also providing individuals the help and referrals they need to be well. Police-led deflection allows police officers discretion to replace arrest with outreach to community-based service providers. In an effort to learn more about how police-led deflection strategies operate, ISLG funded Justice System Partners to conduct mixed-methods studies of deflection strategies in two SJC sites.

Using administrative data from local crisis centers and interviews with police officers in Pima County, AZ and Charleston County, SC, this mixed methods study aimed to understand how deflection of individuals with SMHD/SUD operates in both sites.

Key takeaways include:

  • A parallel treatment revolving door to the legal system revolving door, which acknowledges the challenges of treatment initiation and engagement and provides individuals with SMHD/SUD with a "no wrong door" policy. This creates enhanced opportunities for treatment while eliminating collateral consequences of the legal system and jail for these vulnerable populations.
  • Deflection first, arrest rare as both policy and principle connects vulnerable individuals to the services they need. At the same time, it lessens opportunities for implicit bias and non-clinical judgements about readiness for change to impact the decision to deflect.

In summary, when police departments deflect as the primary response, they no longer make access to treatment conditional or contingent. In both Charleston and Pima counties, an individual can agree to treatment, receive a police transport to the local crisis center, and then at the door decide not to enter with no legal consequences, meaning that the individual is not arrested for refusing to initiate treatment. The findings suggest support for the implementation of deflection strategies, as well as a need for agencies to critically examine inconsistencies in policies that may result in disparate outcomes. Ultimately, the study finds that deflection strategies can be used to facilitate access to the treatment revolving door, rather than the justice system revolving door.

Additional Downloads

Deschutes County’s Clean Slate Program Shows Value of Front-End Diversion

By: John Hummel

Community Engagement Policing Pretrial September 28, 2021

The war on drugs has failed. More than 60 percent of people who are prosecuted for drug offenses reoffend. In Deschutes County, Oregon, our Clean Slate program provides a model for how communities can chart a better path.

Fifty-three percent of program participants have successfully completed the Clean Slate program, which requires not incurring a new arrest within one year. When compared to individuals that were eligible to enroll in the program but did not participate, only 38 percent were not cited for a new crime within 12 months. This impact is reflected again in that Deschutes County’s two-year recidivism rate hovers around 76 percent, but the two-year rate for Clean Slate participants is only 42 percent. Due to these successes, over 400 court appearances have been avoided and 253 people have been connected to much-needed medical care since the program’s inception in November 2017.

Front-end diversion efforts like Clean Slate—which occur before a court date, when a person has initial contact with law enforcement—can prevent overuse of jail and the negative consequences an arrest can have on a person’s life. We were able to develop the Clean Slate program and run the proof-of-concept pilot thanks to funding from the Safety and Justice Challenge Innovation Fund.

How the Program Works

When an officer interacts with a person on the street suspected of drug possession, rather than arrested them, they issue a citation to appear in court, and they give them a card with information about the Clean Slate program. Our office then calls that person and invites them to a Clean Slate orientation meeting which they can attend before their court date. At that meeting, the District Attorney or one of their deputies is there to welcome the person. After the welcome, the person has a confidential meeting with the public defenders, who also participate in the orientation process. After meeting with the District Attorney and the public defender, the individual meets with a substance use disorder professional who conducts an assessment. The person is then scheduled for an appointment with a primary care provider provider at one of the program’s participating federally qualified health centers. Once the patient shows up at that appointment, they are in the program and out of the criminal justice system.

Treating Substance Abuse Disorder in the Medical System, Not the Criminal Justice System

We have tried treating substance abuse disorder in the criminal justice system for the past 100 years, and we have failed miserably. It simply does not work. When someone is charged with possessing drugs, it is our belief that they either use recreationally or they are living with a substance use disorder and need the help of a medical professional.

The healthcare environment is very different from the criminal justice environment. Patients are free to talk openly and can communicate about what is going on with their lives. There are often underlying issues contributing to their substance abuse disorder. Sometimes it is a history of trauma or a mental health condition. There are also socioeconomic stressors that often play a role. Most people want to do better; they just do not know how to take the first step.

The leadership and providers at Mosaic Medical and La Pine Community Health Center were invaluable to this effort and worked intensely with us to develop the nuts and bolts of the program. They provide compassionate and competent care to our participants everyday.

Getting Law Enforcement on Board

Law enforcement officers have also been important partners. Many have embraced the program and encourage people suspected of possessing drugs to attend a Clean Slate orientation meeting.

Many officers on the street tell us they have come to have a better understanding of the people they interact with on a regular basis. They now realize that the people they are interacting with often have mental health issues, physical conditions, and trauma, which go together with drug addictions.

Handing a person a Clean Slate card and referring them to programs and resources can build a good working relationship between officers and the people they are citing. It shows the officer is not just there to throw a person into a jail cell but instead wants to see them succeed.

Humanizing People with Substance Abuse Disorder

People with a substance abuse disorder do not want or choose to have it. We are not giving them a break; we are giving them a chance to live the life they want to live.

By removing the criminal framework and demonstrating that there are healthcare providers here to help, we make it easier for people to stay employed and housed. Those are important ways for people to stay productive and engaged in society.

Our participants tell us they did not know programs like Clean Slate existed and that they did not think they had the resources to go through such a program. They feel like it is their opportunity to succeed and change their life. They also tell us that the medical staff they work with are helpful and kind, and that there is a lack of judgment which also helps them succeed.

One participant told us: “This program saved my life: I would have been dead by now. I reconnected with my family, have not been arrested, gained weight, got healthier, have fewer sick days at work. It is a miracle, and my whole life has changed.”

Lessons Learned

Police officers told us that the personal commitment of the prosecutor’s office to encourage them to refer to Clean Slate was important in securing their support. We also learned the importance of securing stakeholder support during the process of designing the program. And of course, we relied on data collection to validate the program’s success.

Jail detention has tremendous costs for the people in jail, their families, and their community. This program has reduced those costs and is a worthwhile investment in people’s futures.

We encourage other Safety and Justice Challenge jurisdictions to draw on the lessons from the Clean Slate Program to lower the use of jails and help people living with substance abuse disorder improve their lives.

The Clean Slate Program is also the subject of a case study by the Urban Institute which is available here. And you can watch a video about the program featuring participants and law enforcement, here.

Pathways to Collective Healing: Law Enforcement and the Communities They Serve

By: Aviva Kurash

Policing Reentry Victims August 19, 2021

In the wake of calls to reevaluate public safety, the challenges of modern policing call for police agencies to build and maintain trust and legitimacy with the communities they serve and to work with community members as essential partners to identify problems and co-produce tangible solutions.

As strategic partners to the Safety and Justice Challenge, the IACP recognizes that promoting community-wide healing in the wake of trauma cannot be detached from the efforts to reduce jail populations and promote alternatives to arrest that uphold community safety. Trust, transparency, accountability, and safety are intertwined.

Policing happens in a dynamic environment. Policies, procedures, supervision, oversight, and accountability systems can help minimize the risk of high-profile events occurring or scandals arising. However, police agencies also need to be prepared to respond in the aftermath of these incidents to promote healing, recovery, and accountability. Police agencies that have trained officers to provide a trauma-informed response and promote comprehensive officer wellness are better able to constructively respond to the trauma of a high-profile incident.

This raises the question: how do we move forward? In 2016, the Office for Victims of Crime in the U.S. Department of Justice sought to explore what a path forward that embraces collective healing might look like, in the process developing a national demonstration initiative: Law Enforcement and the Communities They Serve: Supporting Collective Healing in the Wake of Harm (“Collective Healing”). The IACP was motivated to lead this initiative because we recognized that a strong foundation of understanding and collaboration must be in place between police and the communities they serve, prior to high-profile incidents, to ensure the deployment of effective responses in the wake of such incidents—when barriers, tensions, and stakes are often intensified.

Over the intensive four-year Collective Healing initiative, the IACP provided oversight, management, and national training and technical assistance to five law enforcement agency demonstration sites. Through partnerships with Equal Justice USA, Resilience Works, the Alliance for Safety and Justice and the Crime Survivors for Safety and Justice Initiative, PRO Wellness Services, and a range of other experts with experience in building trauma-informed systems through multi-stakeholder collaborations, the Collective Healing initiative supported law enforcement’s leadership role in adopting a trauma-informed culture and practice.

Themes Across Collective Healing Sites

The initiative’s intersectional approach focused on three interrelated components that are essential to fostering collective healing: 1) improving community-police relations and community wellness, 2) enhancing the access to and quality of victim services, and 3) improving officer and agency wellness and resilience. Specifically, this initiative elevated strategies that address institutional disparities, enhance victim services (with particular attention to reducing barriers to accessing these services in communities that experience a disproportionate burden of victimization), and promote comprehensive officer wellness and resiliency. Our resulting report from this project sheds light on both these preventative and reparative strategies.

Work with demonstration sites included developing, implementing, and assessing the practical tools necessary for building essential relationships and joint strategies to reduce tensions, maximize communication, promote trauma-informed interventions and problem-solving, and facilitate healing between law enforcement and the communities they serve.

The report outlining what we learned is designed to help law enforcement agencies create a victim-centered, trauma-informed, collaborative response, co-created with the communities that they serve. The report emphasizes meeting the needs of the most vulnerable after traumatic events, including communities that are most impacted by the criminal legal system and community violence, the responding officers, their families, and their agencies. These efforts are significant but represent only the early stages of what should be a long-term commitment to addressing complex and deeply rooted challenges.

The intensive work of the Collective Healing initiative over four years focused on creating a victim-centered, trauma-informed, collaborative response that meets the needs of those most vulnerable amid violence and traumatic events. In the wake of calls to reevaluate public safety priorities and strategies, we should bear in mind that working toward collective healing is a continuous process, involving both accountability and transparency, and which includes:

  • Trauma-informed policing
  • Leadership, culture, and operational capacity-building
  • Collaboration and community engagement
  • Victim services
  • Vicarious trauma and officer wellness

We look forward to sharing the lessons learned from this demonstration initiative as we continue to work with and learn from the sites in the Safety and Justice Challenge, and ultimately promote local justice systems that are both safe and just.

You can read the full report here.

In New Orleans From The Barbershop To The Bakery: What Makes You Feel Safe?

By: Emily Rhodes

Community Engagement Policing February 17, 2021

Amidst the ongoing national conversation about public safety and policy priorities, the voices of those most impacted must be centered in order to see real change.

To that end, the New Orleans Safety and Justice Challenge Community Advisory Group (CAG) devised a creative way to shift that conversation from City Hall and budget-planning board rooms into the streets where our neighbors live, work, and play.

The mission of the CAG is to support and participate in the successful implementation of the Safety and Justice Challenge strategies and hold public agencies and officials accountable to reducing the jail population and increase equity within the criminal system. We have always recognized that a plan or strategy without the community’s voice will not be sustainable nor successful. In our three years of existence alongside the city’s Safety and Justice Challenge commitments, we have sought numerous opportunities to bridge the gap that often exists between policy makers and their constituents, those most impacted and those making decisions at a distance.

As the pandemic has ravaged New Orleans physically, economically, and culturally, and the centuries-long movement for racial justice gained fresh steam this summer, we wanted to put our Safety and Justice Challenge Community Engagement funds to use in a way that would open the door for the essential conversations that would create a healthy, safe, and equitable city for current and future generations. We wanted to channel the energy of both the national protests for justice and the continuous efforts to safely reduce the jail population in the context of a global health crisis in an accessible and engaging way. We knew that debates over criminal system reform can easily break down without really uncovering what real people need to feel safe. Who is the system really serving if we do not have the chance to share our experiences with those in power?

In 2020, the city of New Orleans spent $313 million on “public safety,” but those dollars do not always align with the things that make people who live here feel safe. And the field of public safety is so professionalized that it often excludes many of the people whose very safety it is tasked with upholding. We wanted to close some of that disconnect by broadening the tent of voices that are involved in the discussion of what public safety means in New Orleans. Inspired by The Black Thought Project in Oakland, California, we envisioned inviting the community into the process of reimagining safety through an interactive public art installation.

Derrick Tabb, owner of the Treme Hideaway, and CAG Member Michael Pellet leave their mark at a community chalkboard in New Orleans

We hired local barber and artist Ronnie Dents to oversee the design and installation of community chalkboards in seven locations around the city. We used grant money to pay Black-owned local businesses suffering from pandemic losses to host the boards and grassroots community groups to monitor the boards for hate speech, as well as chalk and supplies. All came together to amplify the diversity of our voices in response to the question of “what makes me feel safe?”

Local artist Ronnie Dents installing a Community Chalkboard in New Orleans East
Photo credit: Quincy Coby

Local businesses hosting the chalkboards include barbershops (HeadQuarters and Juju Bag), restaurants (Neyow’s Creole Cafe, Treme Hideaway, Two Sistas ‘N Da East), a bakery (Mr. B’s) and a neighborhood market (Burnell’s Lower 9th Ward Market).  We have also partnered with community organizations to monitor the boards: Community Book Center, Lower 9th Ward Homeownership Association, Guardians Institute, Southern Solidarity, VAYLA and Roots of Music.

A community chalkboard at the JujuBag Restaurant and Barbershop

The answers shared on the boards have been as diverse as “being anywhere the police aren’t” to “the color purple” and even reflections on religion and spirituality. “The most fulfilling part of the project has been the conversations that have been had as a result of the prompt,” says Dents. “I look forward to what thoughts and attitudes and actions come as a result of answering this very important question.”

The timing of the project to coincide with local elections in November and December was intentional. We wanted to create an opportunity for conversation, even in a socially-distanced way, for neighbors, business owners, and community members that could frame criminal system reform in a community-rooted way. Ultimately our hope is that campaigning and elected officials would listen to the citizens of New Orleans and be spurred on by what residents actually value around safety and justice.

Our Community Advisory Group is a diverse and representative group of New Orleans residents who volunteer our time and energy to hold the city’s stakeholders accountable to the Challenge strategies. We are looking forward to seeing more answers from the community about what makes them feel safe, as this project plays out over the coming months.

The people of New Orleans are speaking up about how we can keep each other safe. Will our public officials listen?

Emily Rhodes is a member of the Community Advisory Group, New Orleans Safety and Justice Challenge and works for the Center for Employment Opportunities in New Orleans.

—Natalie Sharp is the Community Advisory Group Coordinator and works at Travis Hill School, which has a school located inside of New Orleans’ juvenile detention center and adult jail.