Contra Costa Herald

News Of By and For The People of Contra Costa County, California

During eight-hour meeting, Supervisors learn Sheriff released 63 illegal immigrant prisoners to ICE in 2017

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Sheriff David O. Livingston

Spend $1.5 million in AB109 funds on Sheriff patrols; send cannabis tax measure to November ballot; approve Racial Justice Task Force report on split vote

By Daniel Borsuk

The dust may have settled as Contra Costa Sheriff-Coroner David Livingston’s decision (July 10) to sever department contractual ties with the United States Immigration and Customs Enforcement (ICE) to house undocumented prisoners at the West County Detention Facility, but Contra Costa County Supervisors still had to leap over two significant hurdles at Tuesday’s meeting.

Spend AB109 Funds on Sheriff Patrols, Advocates Not Happy

First, on a 5-0 vote, supervisors instructed that $1.5 million in unspent Assembly Bill 109 funds initially designated for undocumented immigrants imprisoned at the Richmond detention facility to be detoured for sheriff’s patrol services in unincorporated communities like Pacheco, North Richmond, Bay Point, and Byron.  Sixty-four community organization advocates protested; supervisors should have allocated state AB109 money for nonprofit human service organizations that assist undocumented immigrants and others find housing, jobs and other services upon release from county jail facilities.

On the AB 109 issue, Richmond City Councilman Melvin Willis asked supervisors to spend leftover AB 109 funds for community support services.  “We need these services to keep people out of incarceration,” he said.

“People feel betrayed” said Dominic Ware of Richmond, who added that most in the community services field contend AB 109 funds should go to human service nonprofit organizations rather than law enforcement.  “This is a win without a victory.”

County Administrator David Twa said 40 percent of the funds from AB 109 go to community organizations, but he also added it is also appropriate for the county to spend the money to shore up sheriff patrols.

“I have to protect a very large area and that requires more patrols.  This one-time allocation will provide those patrols,” said District 3 Supervisor Diane Burgis of Brentwood.

“This is a move to assure that patrols are in those communities of Crockett, North Richmond, Bay Point, and Byron,” said District 5 Supervisor Federal Glover of Pittsburg.  “I think this is a popular move.”

Sheriff Released 63 Prisoners to ICE

Second, supervisors and most of the citizens attending a mandated ICE Access Forum learned that in 2017 of the 284 ICE information requests that the Sheriff’s Office had received, 63 undocumented immigrants held at the West County Detention facility were released to ICE agents in 2017.

Sheriff Livingston defended his activities adding, “We follow the law,” he said.

Community speakers criticized the way the sheriff operates the detention facility and had cooperated with ICE during a three-hour TRUTH (Transparent Review of Unjust Transfers and Holds) Act Community Forum that the supervisors were required to conduct for the first time this year to be in compliance with state law.

The sheriff confirmed ICE had requested 63prisoners at the West County Detention Facility to be released to ICE agents for interviews in the parking lot or to be detained and transported elsewhere.  Livingston said in 2017 ICE would give two to three hours advance notice to contact a prisoner.

“The rounding up of people by ICE leads up to the question ‘who is next?’” asked Peter Cray of Richmond.

Cannabis Business Tax on Nov. Ballot, Commercial Cannabis Health Ordinance Unveiled

With no public comment, supervisors unanimously passed a cannabis business tax ordinance that will appear on the Nov. 6 ballot.  The general tax measure will appear on the ballot for all county voters, whether they reside in the unincorporated or incorporated (city) areas of the county.  They will vote on:  The tax on commercial cannabis cultivation will be based on the square footage of a permitted canopy.  The ordinance will establish initial tax rates and maximum tax rates, with automatic inflation adjustments of the maximum tax rates and permit the board of supervisors to make annual adjustments to the tax rates.  The ordinance will include penalties for delinquent payments.  The tax and appeals will be administered by the Treasure-Tax Collector.

Staff estimates that potential annual general fund revenues and county costs in the $1.7 million to $4.4 million range.

In a separate consent action, supervisors set the stage for the August 7 formal adoption of the Cannabis Health Ordinance.  Provided voters approve the cannabis business tax measure, the Commercial Cannabis Health Permit Ordinance would go into effect on Jan. 1, 2019.  The health permit ordinance would set business hours by being closed between 9 p.m. to 8 a.m., controlling odors, prohibit the sale or delivery of flavored cannabis products for which the primary use is to be smoked or used in electronic smoking devices.

Supervisors Narrowly Approve Racial Justice Task Force Report – 2018 FINAL CCC-RJTF_Report

Even though the final Racial Justice Task Force (RJTF) report won widespread public support, supervisors Candace Andersen of Danville and Diane Burgis of Brentwood cast dissenting votes saying the two-year study basically did not dig deep enough into the racial justice issues in the county.

“I just think that the report barely scratched the surface,” said Andersen.

With a finding that Black adults were more than three times more likely to be arrested than adults from any other racial or ethnic group, and Black youth were more than seven times more likely to be arrested than youth from any other racial or ethnic group, the 17-member RJTF recommended that Board of Supervisors appoint a Racial Justice Oversight Body to oversee the implementation of the recommendations by the task force.

Other task force recommendations include:

  • Diversion – With a goal of reducing racial disparities in the Contra Costa County criminal justice system, form a committee to recommend countrywide criteria and protocols for formal and informal diversion.
  • Data – All Contra Costa County criminal justice agencies and local law enforcement agencies shall collect individual-level data on all individual encounters with criminal juvenile justice systems and processes.
  • County support for local agencies – The county shall work with local enforcement agencies to seek funds that support the integration of de-escalation and behavioral health intervention trainings into local enforcement agency regional academy and/or department orientations.
  • Community Engagement and Services – County criminal justice agencies shall establish formal partnership with community-based organizations to provide greater capacity for diversion, re-entry programs, alternatives to detention, and pretrial services, in custody programming.
  • Practices Related to Trial and Adjudication Processes – Encourage the Superior Court to return to the process of jury selection where jurors are called to service to their local branch court for misdemeanor trials.
  • Confinement – Expand eligibility for pre-trial services staffing, with a focus on reducing racial disparities and replacing the money bail system.

The board voted 3-2 to approve the final report.

To view the entire board meeting agenda, click here.

Writer offers alternative solution to illegal immigration from illegal immigrants

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Dear Editor:

As we celebrate the 242nd anniversary of the Declaration of Independence this year, I find myself writing to my fellow Americans in a rebuttal to Supervisor Federal Glover’s saddening attempt to smear our country.

As a former (for now) civil servant to a sitting public servant, I must vocally protest!

Mr. Glover, whenever I am confronted with liberal slanderous and ignorant platitudes. I must surmise which of two camps the offender stands in.

The first is the “forgive them for they know not what they do” populace that has yet to verify all the misinformation that has been pumped into their heads since grade school through college and even now through pop culture. Vladimir Lenin’s coined description as “useful idiots”.

The second and more insidious camp lies in the viperous pit of knowing perfectly well that misinformation and deceit is an acceptable means to an end.

“To make an omelet one must break a few eggs.” – Karl Marx

I will leave your dubious stance to the court of public opinion.

This new diatribe from liberals about the Trump administration’s positions and stands on major issues are “an affront to our America values,” is, in fact, an affront to the public’s collective intelligence, as it mocks us by being cute, by half.

Whos American values, sir?   The liberal Socialist’s values? well, then you would be right!

This sad attempt to conquer by division is contrary to the very concept of America’s value.

Rev. Martin Luther King, Jr’s values of unification not division. where he declared at the Lincoln Memorial:

“I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.”

There is but only one race, the human race. In all my journeys I have met albino Norwegians, yet they are not white.  I have grown up around very dark-skinned brothers, yet they are not black.  There is no such thing as a black or white person.

We are all flesh toned humans that bleed red, cry wet and dream in multi colors. Not until and when we unlearn this “adult” fairytale and embrace this self-evident reality, will we ever see the true color blind promised land.

We cannot be sliced and diced by way of sexual or psychological preferences.

That cannot be what separates us, that is very private and personal.

Not a tool to use as leverage for destruction, alienation, and kindling for an unsustainable ideology that feed off human subjugation and misery.

We cannot continue to be divided by economic class, age, sex, religion, thought nor skin color. For on this Independence Day:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain un-a-lienable Rights, (as in no man can take it from you, nor can you give it away.)

Which brings me to a more important point. Thomas Jefferson’s original draft stated:

“We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain un-a-lienable rights; that among these are life, liberty, and the pursuit of property.”

For his goal was to abolish slavery at the genesis of our independence. however due to immense pressure from the liberal southern factions. and the need to not fight a revolutionary war on two fronts. One being the world power of England as well as the slave colonies. But be unanimously united. He had to relent but not without a stern warning that the blood of this unattended injustice will be paid down the road in a tragic civil war.

We must not cower in the face of injustice especially not on this 4th of July.

As it has been said many times, if we do not learn the lessons of history we will be doomed to repeat it.

We are now faced with a new “slave race” that of the plight of the illegal alien.

For many amongst us are truly not free on this Independence Day.

For political gain, they have been exploited or decades on purpose and like some sick case of national Munchausen by proxy.

This ends now!

I present to you my fellow Americans a new Declaration of Independence.

Before you is a document created in the Spring of 2006 by Hispanic illegal youths as a written solution from their point of view. For too long the immigration conversation has been an A, B so “C” you later.

This one developed and drafted by the illegal community on how to constitutionally and fairly reboot the broken American Immigration system.  not by pitting one group against another. but by locking arm in arm to fix it together.

Don’t believe the mouthpieces that ‘represent’ the illegal community. They do not. Ask them, for they live this unnecessary existence every day.

I give you “La Patria Declaration”.

Fernando Navarro

Antioch

LA PATRIA DECLARATION

The signed original La Patria Declaration.

In Peace and Justice… and Being of Good Courage…

We the people of the United States and of the whole AMERICA….

Declare on this (two thousand and six years) our intent of Union and

Support of the Constitution Of the United States, and our commitment to her peoples and her Laws……to take up our task, through our shed blood and drained tears, make fertile freedoms roots!

WHEREAS We ADOPT…

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Right to the pursuit of Happiness..”

WHEREAS We EMBRACE…

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

WHEREAS We DECLARE…

“FREE AT LAST, FREE AT LAST …..THANK GOD ALMIGHTY WE ARE FREE AT LAST”… AND THAT NO MAN BE JUDGED BY THE COLOR OF THEIR SKIN, BUT BY THE CONTENT OF THEIR CHARACTER.”

WHEREAS We DOCUMENT ………

“NO MAN BE PROSECUTED OR BLAMED FOR THE CRIMES AND ACTS OF OUR PREDECESSORS

BUT BY THE FACTUAL ACTS AFTER ONE’s BIRTH…LET THE PAST BE!!!!

WHEREAS We SUPPORT ………

“TRUTH, JUSTICE AND THE AMERICAN WAY!!”

NOW, THEREFORE………

Our battle cry:

BORDERS. LANGUAGE. CULTURE.  

********************** BORDERS **********************

WHEREAS … We recognize our status as “illegal”

We the signatories declare our desire to totally secure and close the southern border and frontiers…To support AMERICA’S SOVEREIGNTY … Protect Her people and her laws in the post-September 11th era.

“It is our mothers and daughters, sisters and brothers that are perishing in the wilderness.”

We also Declare that the legal portals be justly open and properly filtered to allow eager Immigrants to process orderly and be documented!

“Let us be “REBORN” legally under liberty’s watch.”

“For an attack of Mass Destruction does not discriminate LEGAL from ILLEGAL”

WHEREAS We DO NOT support an amnesty, but reform the immigration process!!!

WHEREAS we declare our union to STOP the black market of HUMAN, NARCOTICS and TERRORIST traffickers….AND Support all patriots that wish to aid on America’s domestic frontline.

********************** LANGUAGE **********************

We the signatories Declare that We come together to accept and adopt English as the official Language of the United States of America.

We also declare that our natural language, not be a burden on America, but that We take the burden upon ourselves to speak her tongue.

“He who knows MORE than one language is capable of more than one MAN.”

********************** CULTURE  **********************

WHEREAS…

“TRUTH, JUSTICE  AND THE AMERICAN WAY” is ours

The signatories Declare that they come together to embrace America’s mission of excellence and doing things right…TO NOT CUT CORNERS..

WHEREAS We embrace PERSONAL RESPONSIBILITY….to accept and RECTIFY our discrepancies.

“FREEDOM IS NOT FREE, IT IS NOT FREE FROM ITS CONSEQUENCES.”

WE DECLARE OUR DESIRE TO MELT INTO THE FABRIC OF “OLD GLORY’S” THREADS…

Due to design or by OVERT CONSEQUENCES …We have been DENIED OUR OPPORTUNITY  for the pursuit  of happiness.   And thus declare in good FAITH our commitment to PEACEFULLY  and ORDERLY  process our status into the sunlight.

Inspect our background, DOCUMENT our Genesis and invite us into the AMERICAN FOLD!!

WHEREAS We are a conservative people that SHARES AMERICAS VALUES.  GOD, FAMILY and PATRIOTISM thusly…

WHEREAS We embrace the American concept of owning one’s actions and consequences and the concept of fairness of getting in line.

THUSLY To offset our influx we propose and endorse the following platforms:

WHEREAS We support VOTER I.D. Reform.

WHEREAS We support a FAIR TAX

WHEREAS We support School VOUCHERS.

AMERICA IS UNDER ASSAULT FROM  ANTI-AMERICAN FORCES AND THAT CANCER MUST BE

CHALANGED……..WE ARE HERE TO HELP HER ….BUILD HER UP AND  WAVE HER FLAG

….OUR FLAG  TO THE ENTIRE WORLD.

This is our projection and timeline!

“BORON Y CUENTA NUEVA”

LET US START A-NEW………. We Propose the following GOALS

Immediately closure of the southern Border, be it by a physical structure or by a manned presence (military or federal, civilian)

Open the legal Gates…

We Propose processing facilities such as FORT ISLAS ANGELES,… FORT NOGALES,… FORT LAREDO  AND POINT ELLIS.

Let us the “illegal” Immigrants process… go to these new “ANGEL” and “ELLIS Island” ports and DECLARE ourselves… Document us, To establish our official I.D.’s, to take our fingerprints.

“Let us be “REBORN” Legally and above board… become taxpayers.

Let us Prove ourselves to the American People.

Let us PAY as we GO.

“THE EGALITARIAN and AMERICAN SOLUTION!”

Let us own and earn our remedy!

Present us with two options.

1) If our goal is ultimately the American dream of becoming U.S. citizenship, they our penalty is for us to leave the country and get in line.

2) If our goal is only residencie then our penalty and path will be to BE PERMANENTLY BARRED from U.S. citizenship. Report to an immigration processing and orientation center.

A} Document and Start as a EXPLORE level migrant worker “ he who wishes to

work here after processing wishes to come and go, pays taxes but is not

eligible for any social assistance …no welfare, etc.

B} After 7 years an EXPLORE class immigrant can apply for a ENDEAVOR level Status “he who wishes to become a resident” can qualify for residency if migrant has kept his or her criminal record clean and learns English. They are now eligible for public assistance but cannot vote…

C} For illegal immigrants who opted for the goal of citizenship and have left the country and After 7 years an immigrant can apply for a ENTERPRISE level status “he who wishes to become a citizen”  can qualify for citizenship if said migrant has still kept his/her criminal record clean. And must pass a thorough civil entrance exam.

“IT IS URBAN LEGEND THAT ALL MIGRANTS SEEK CITIZENSHIP… SOME JUST WANT TO WORK.”

********************** TIMELINE **********************

OPERATION “STAR FIELD”

The rebooting and reformation of the immigration process will take 1-2 years to complete.

DAY ONE.  – Full deployment of national guard/ military to augment border patrols and to fully cover the Northern and southern borders.

DAY TWO  – Start full construction of the double security fence with manned watchtowers from the Pacific Ocean to the Gulf of Mexico.

DAY THREE – Announcement in advance of the NEW documentation process for undocumented/illegal alien migrants is to start. (orderly processing and documentation/filtering at the NEW border processing stations) Full public dissemination THAT THERE WILL BE A 1-2 YEAR opportunity TO DOCUMENT, That after that 1-2 year window, ALL IMMIGRATION LAWS WILL BE EXTREMELY ENFORCED AND APPLIED. “Anyone still holding out must have ulterior motivations to not come clean!”

DAY FOUR –  THROUGH END OF DOCUMENTATION PERIOD…   Migrants checking in at the border will be processed for criminal records, health screening, I.D. processing and RE-documentation.  DEBRIEFING  OF THE AMERICAN experience AND THE EXPLANATION OF RULES OF their STATUS.

WE NOW HAVE A SECURE BORDER. A DOCUMENTED POPULATION,(BIOMETRIC NATIONAL I.D.)… A REVERSE “MAGNETIC POLARITY” OR “SOURING OF THE MILK” FOR ANY ONE WHO IS STILL HERE ILLIGEALY… AND A CHECK VALVE AT THE BORDER. ANY ONE COMING TO THE U.S. TO WORK WILL WANT TO COME THROUGH THE FRONT DOOR AND IF ANY ONE PULLS OFF GETTING IN ILLEGALY (GETTING THROUGH THE U.S. PRESENCE) WILL FIND THEMSELVES BEING REPELLED NATURALY BY THE SYSTEM (NO NATIONAL I.D.). LET GRAVITY DO ITS JOB.
THIS IS OUR PLAN

THIS IS OUR COMMITMENT

THIS IS OUR SOLUTION

VIVA AMERICA……….. GOD BLESS AMERICA

County Sheriff cancels contract with ICE at West County Detention Facility

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The West County Detention Facility in Richmond. File photo

Contra Costa County Sheriff David Livingston announced, today the end to the county’s contract to hold Immigration and Customs Enforcement (ICE) detainees at the West County Detention Facility in Richmond. He was joined at a press conference by Board of Supervisors Chair Karen Mitchoff and Vice Chair John Gioia, in whose district the facility is located.

Following is the Sheriff’s complete statement:

“Today I am announcing that I am ending the contract with ICE to hold detainees at our dormitory buildings on our Richmond jail facility,” he said. “I recently notified ICE of this decision and asked them to begin the process of removing their detainees in a safe and orderly manner. The contract requires 120-day notice and they have told me they will try to resolve as many open-ended immigration cases as they can during this period of transition.

To be clear, the Sheriff’s Office does not do immigration enforcement. In fact, our policy prohibits it. These detainees are not arrested for immigration violations by us or any other law enforcement organization or agency in the county. They were instead persons ICE brought to us under the terms of the contract from all over Northern California and beyond.

There is not one single over riding issue that causes the termination of this contract. Instead there are many. And I am not here to comment on ICE’s enforcement policies or any of their federal partners’ policies. Instead I want to explain the reasons why we are cancelling the contract.

First, we have held an average of about 200 adult detainees a day. And that has generated about $2.5 – 3 million dollars in annual revenue. That revenue varies year to year. Losing it would likely result in the lay-off of Deputy Sheriffs and that was something I was unwilling to do. Instead, working closely with the Chair and Vice-Chair of the Board, and ultimately with the full board, we have found a solution that will backfill the expected budget deficit going forward including the use of state funds to minimize the impact on local taxpayers.

Second, the number of detainees constantly fluctuates. We cannot rely on budget projections and ICE could always decide to move their detainees to another facility.

Third, county employee and operating costs have risen over the years, But the reimbursement rate has not. Long term the contract is just not sustainable.

Finally, the outstanding work by the over 1,000 employees of the Office of the Sheriff have been overshadowed by the attention that the ICE contract brings, even though immigration is a matter of federal law. Managing protests in Richmond have become expensive and time-consuming for our staff.

And to be very fair, one must acknowledge a growing chorus of community groups and individuals from both within and outside the county, that have focused on undocumented immigrants’ issues. And they raise important concerns.
Obviously, this action today does not address the larger and more complex issue of federal immigration enforcement. Most of us have compassion for those to come here seeking a better life but we are a nation of laws. And to be sure, those who come here undocumented who commit new crimes while here will be arrested and processed into our jails as they are currently. That will not change.

My number one priority remains and will continue to be keeping Contra Costa County safe.”

Photo by Contra Costa County Sheriff.

Gioia, who has long publicly opposed the contract, spoke forcefully about why the policy was harmful to families and eroded trust with immigrant communities. He thanked both Sheriff David Livingston for ending the contract and the thousands of residents across Contra Costa who joined in calling for an end to the ICE contract.  According to an ABC7 News report “The West County facility currently houses 169 ICE detainees, part of a longstanding agreement that netted the county up to $3 million per year.” 

“This is an historic day in Contra Costa County,” said Gioia. “Sheriff Livingston’s decision to cancel his Federal contract to hold ICE detainees at the West County Detention Facility is an important and positive step to build greater trust with our hard-working immigrant families here in Contra Costa.”

“I appreciate and thank Sheriff Livingston for making this decision,” Gioia continued. I know that thousands of Contra Costa residents countywide also thank Sheriff Livingston for this action.  To the thousands of our county’s residents who have passionately advocated for an end to the detention of immigrants at the West County Jail, thank you. Thank you for your consistent and loud advocacy. Your actions do make a difference. The Sheriff’s decision was based on a number of factors. Your voices were one of those factors. I thank Sheriff Livingston for listening to the opinion of the large number of sincere and passionate residents who believe that our County should not use our local jail to house ICE detainees.”

However, according to the ABC7 report, “Mitchoff opposes canceling the ICE contract, primarily out of concern about where current and future Bay Area detainees might be sent. ‘I’m sorry to be losing the contract,’ Mitchoff explained. ‘Unfortunately, with the closure of this facility, those individuals that ICE is not able to release through the normal process will be sent to other places throughout the United States.’”

“We don’t know ultimately what ICE will do with these detainees,” Livingston said.

Congressman Mark DeSaulnier (D-CA11) issued the following statement after the Sheriff’s announcement.

“Having called for the termination of the contract, I support the Board of Supervisors’ decision and look forward to working with them on making sure the concerns of the community and clients are addressed,” he said.

Following multiple and varying allegations of abuse by ICE agents at the West County Detention Facility, DeSaulnier called for the termination of the County’s ICE contract in March of this year, and he urged U.S. Attorney General Jeff Sessions and California Attorney General Javier Becerra to conduct a third-party investigation of the West County Detention Facility. Contra Costa County is the only of the nine Bay Area counties that has a contract ICE.

Following accusations of mistreatment of ICE detainees, DeSaulnier and Livingston toured the facility, last November and the Sheriff’s investigation found the claims to be unfounded.

Please check back later for updates.

Allen Payton contributed to this report.

BREAKING NEWS: DeSaulnier reports proposed Concord detention center “has been halted”

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Rep. Mark DeSaulnier

Washington, DC – Today, Wednesday, June 27, 2018, Congressman Mark DeSaulnier (CA-11) issued the following statement in response to news that the U.S. Department of Homeland Security confirmed that it will not be moving forward with a detention center at the Concord Naval Weapons Station.

“I am pleased the effort to turn Concord Naval Weapons Station into a detention facility has been halted. As we advised the Administration, the Concord Naval Weapons Station is an unsafe and inhabitable environment, and to propose housing almost 50,000 people there was both dangerous and immoral. We fought this proposal along with our local officials and dedicated community and will continue to fight against the inhumane and unjust policies proposed by this Administration. It is important not to let our guard down as one tweet can change things.”

Congressman DeSaulnier voiced concerns to the Administration about creating a detention facility on Concord Naval Weapons Station and led an effort of California Members in asking for the release of a proposal identifying Concord Naval Weapons Station as a possible detention site. News of Concord making the list of proposed facilities first broke in Time Magazine and Congressman DeSaulnier immediately contacted local officials to work with them to fight this effort. He also held a Facebook town hall to answer questions from area residents.

Concord mayor sends letter to Secretary of Navy opposing proposed detention center

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Emergency council meeting to be held today at 1:00 p.m.

The former Concord Naval Weapons Station. Photo by Concordreuseproject.org

Mayor Birsan

By Allen Payton

On Monday, Concord Mayor Edi Birsan sent a letter to Secretary of the Navy Richard Spencer outlining his opposition to a proposed detention center at the former Concord Naval Weapons Station for as many as 47,000 illegal immigrants, who will be housed there pending their court dates. (See related article.)

Birsan reminded Spencer of Concord’s work “with the Navy for the last 12 years” and spending “millions of tax payers dollars (both federal and local) in negotiations for the sale of the property.” The city has plans for as many as 12,000 homes on the land south of Highway 4.
He also pointed out the challenges with environmental cleanup of the former nuclear weapons that were stored at the site.

An emergency meeting of the Concord City Council has been called for 1:00 p.m., today in the Council Chambers at 1950 Parkside Drive.

Following is the complete letter from Birsan:

June 25, 2018

The Honorable Richard Spencer
Secretary of the Navy
1000 Navy Pentagon
Washington, DC 20350-1000

Dear Mr. Secretary,

On behalf of the Concord Community, Concord City Council and Local Reuse Authority, and as Mayor of the City of Concord, I am requesting your assistance in obtaining factual information regarding a draft Navy memo reportedly considering the placement of a detention center housing more than 47,000 immigrants at the former Concord Naval Weapons Station (CNWS). Concord residents and leaders have numerous questions about the detention center proposal and we would welcome you or an authorized representative to come to a City Council meeting to clarify the situation, including the decision making process, current status and timing.

The City of Concord has worked in partnership with the Navy for the last 12 years through the BRAC process and spent millions of tax payers dollars (both federal and local) in negotiations for the sale of the property, planning for the site, and environmental permitting and remediation of the site. Our current negotiations with Navy staff anticipate first transfers of property over the next few months. Property that is not being transferred in the first transfers lack clearance from the federal government as “suitable” for transfer, which means that these lands are not suitable for public habitation either.

The CNWS is neither rural nor remote, rather it is directly adjacent to existing Concord neighborhoods and the largest active Army ammunition and explosives depot at Military Ocean Terminal Concord (MOTCO) on the West Coast.

Below, I’ve outlined these concerns a bit more.

Basic Concerns
• The location of the CNWS directly adjacent to our residential community and to MOTCO.
• Significant acreage within the CNWS is still undergoing assessment and clean-up of Navy contamination and is not suitable for transfer nor human occupation.
• The City and the Navy have been working together over the last 12-years through the BRAC process and we are within months of transferring property to the City and the East Bay Regional Parks District for development of parkland and housing and commercial uses.
• The CNWS currently has no useful infrastructure to provide water, sewer, or electricity.

These concerns, individually and collectively, make the CNWS unsuitable for consideration as a detention facility.

BRAC Process and Property Transfer

Over 12 years ago the City of Concord was designated as the Local Reuse Authority (LRA) under the Base Realignment and Closure Act (BRAC) and began a partnership with the Navy to facilitate the transfer and redevelopment of the CNWS. This partnership has spent millions of local and Federal taxpayers’ dollars to engage the local community in a vision for the project; prepare the necessary environmental assessments, pursue the required resource agency permits; and secure a Master Developer willing to plan and finance the creation of jobs and housing at the site. To now withdraw from that process and shift to a transfer enabling a detention center would negate all those honorable efforts and reflect poorly on future negotiations here and elsewhere for the Navy.

Concord’s Historic Background

This July 4th Concord will be also celebrating the 150th anniversary of its founding. When the nearby town was totally destroyed by the Hayward Fault earthquake, Don Salvio Pacheco and his Mexican-American family initiated the plans for the city, and gave their land away for a $1 to the survivors and refugees of the destroyed town so that they may build together a new community which the people quickly called Concord, as in living in concordance with one another.

Future Collaboration and Information Sharing

Concord residents would appreciate any information the Navy can provide us with regards to the draft memo identifying the CNWS as a potential detention center or future considerations of this concept. We have appreciated the Navy’s close collaboration with us on our efforts to plan for the reuse and redevelopment of the CNWS. Clearly, we do not think the CNWS is an appropriate location for a detention center and will gladly provide the federal government with any information they may require in this decision making process.

Thank you for your consideration on these matters. I repeat, again, our offer for you or your authorized representative to come to the City Council and explain in detail where the Navy intends to go in this regard.

Yours truly,

Edi Birsan
Mayor of the City of Concord, California.

Copy to:
Senator Dianne Feinstein
Senator Kamala Harris
Congressman Mark DeSaulnier
Assistant Secretary of the Navy Phyliss Bayer
State Senator Steve Glazer
State Assemblymember Tim Grayson
County Supervisor Karen Mitchoff
Concord City Council and Staff

DeSaulnier to host Facebook Live Town Hall on immigration and Concord Naval Weapons Station Tuesday morning

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Congressman Mark DeSaulnier (D-CA11) will host a Facebook Live Town Hall tomorrow, June 26th at 11:30 a.m. PST on immigration, the Trump Administration’s plan to house detained immigrants at the Concord Naval Weapons Station, and family separation.

To submit questions in advance, visit our event page and write them in the comments section.

Immigration Facebook Live Town Hall

Tuesday, June 26, 2018

11:30 a.m. to 12:30 p.m. PST

To participate please visit our Facebook page

Former Concord Naval Weapons station may be site for 47,000 immigrant detention center

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The former Concord Naval Weapons Station. Photo by Concordreuseproject.org

By Allen Payton

It was revealed on Friday that according to a copy of a draft memo obtained by TIME, the U.S. Navy is considering establishing a detention center for up to 47,000 illegal immigrants at the former Concord Naval Weapons Station. It would be one of four remote bases in California, including at Camp Pendleton, as well as Alabama and Arizona as part of the Trump Administration’s new zero tolerance policy of prosecuting and detaining all those who cross our border illegally, even for the first time.

The immigrants, including families with children, would remain in a “temporary and austere” tent city as the Navy memo describes it, according to the TIME article, until their court hearing, including those seeking asylum. The estimated cost to construct all of the facilities would be $233 million.

It’s not clear where the facility would be located on the former weapons station site. The land south of Highway 4 is now labeled the Concord Reuse Project and includes plans for as many as 12,000 homes in four transit villages, elementary school, office park and open space, with the 500-acre first phase by Lennar Urban planned for 4,400 homes. Attempts to reach Guy Bjerke, Concord’s Director of Community Reuse Planning for more details, were unsuccessful.

Concord Reuse Plan for the former Naval Weapons Station land south of Highway 4.

In the Executive Order he signed on Wednesday banning the separation of families apprehended at the border for crossing illegally, President Trump stated “The Secretary of Defense shall take all legally available measures to provide to the Secretary (of Homeland Security), upon request, any existing facilities available for the housing and care of alien families, and shall construct such facilities if necessary and consistent with law.”

Congressman Mark DeSaulnier (D-CA11) whose district includes Concord, released a statement on Friday regarding the proposed detention center.

“STOP! The Administration needs to take a time out,” he stated. “This is no way to effectuate intelligent immigration policy, including for those seeking asylum. This is absolute madness and I oppose it wholeheartedly. If the Administration wants to have a rational dialogue about fixing our immigration system, I am happy to do that, but making up immigration policy on the fly is just wrong. We will fight this in every way we can.”

In addition, Margarget Hanlon Gradie, Executive Director of the Contra Costa AFL-CIO Labor Council, released the following statement on Friday opposing the proposed detention center.

“Working families oppose the proposal to jail asylum seekers anywhere in Concord, Contra Costa County, or America.

“We have worked for a dozen years to create a new vision for the Concord Naval Weapons Station that brings benefits to our community — not prisons.  We believe this land – the public’s land, belonging to the people of Concord – should be used for schools, hospitals, affordable homes and good jobs, not the criminal abuse of human rights.

We stand with Rep. Mark DeSaulnier and other elected leaders in their call to reject cynical political posturing. Our federal government needs to restore DACA for our Dreamers and create a path to citizenship in a functional immigration system that supports workers’ rights, family reunification, and the needs of local and global economies.”

Anna Roth, Director of Contra Costa Health Services also released a politically-laced statement on Friday regarding the proposed detention center.

“Contra Costa Health Services learned through media reports on Friday that the former Concord Naval Weapons Station may soon be used as a detention facility for as many as 47,000 undocumented immigrants.

As principle guardian of public health in Contra Costa County, charged with protecting all people who live here, Contra Costa Health Services condemns this dangerous, immoral proposal – not just the location of this facility, but its existence.

Whether the despicable practice of caging young children separately from their parents continues or family members are imprisoned together, there is no place in Contra Costa or any civilized society for these types of facilities.

We know as health professionals the irrevocable harm caused by family separation, a trauma that leads to higher incidence of addiction, mental illness and chronic disease among survivors. The consequences to the health of prisoners, particularly children, are not hard to predict.

The health impacts of institutional violence against immigrants also extend to residents of our county. As Health Services Director, I hear from patients and employees every day who are under duress because of recent immigration practices.

Many Contra Costa residents live in fear, documented and otherwise. Patients miss appointments because they’re afraid ICE will be waiting for them in the doctor’s office.

This climate of fear adversely affects our community’s health, and would only worsen with this detention facility pitched in the center of our county. For the health of all Contra Costans we demand that a detention camp not be located in our county.

Furthermore, we call for an immediate end to the practice of imprisoning undocumented immigrants, particularly children.”

Sincerely,

Anna M. Roth RN, MS, MPH Director | Contra Costa Health Services”

Immigrants who cross the U.S. border illegally and are detained awaiting their court hearing, are part of a backlog of 700,000 immigration court cases according to a report by Mother Jones, including those seeking asylum. But, according to a Washington Times article, the backlog is closer to one million cases. “James McHenry, the director of the Executive Office for Immigration Review, which handles immigration cases, said Tuesday that the backlog of active cases is over 692,000 and that the courts have an additional 330,000 cases that have been put into ‘administrative closure,’ but that are still before the courts.”

The asylum process takes more time, causing the immigrants to remain in detention longer, which can be extended further if they arrive without documentation. (See requirements for being granted asylum). In order to seek asylum it must be done in the U.S., including at a port of entry, an embassy or consulate in the immigrant’s home country, or in another country, such as Mexico.

Those seeking asylum cannot work while they await the decision by the government until after 150 days have passed, according to information on the U.S.  Citizenship and Immigration Services’ website:

“You cannot apply for permission to work (employment authorization) in the United States at the same time you apply for asylum. You may apply for employment authorization if: 150 days have passed since you filed your complete asylum application, excluding any delays caused by you (such as a request to reschedule your interview) AND No decision has been made on your application.”

According to a 2016 report by then-Homeland Security Secretary Jeh Johnson during the final year of the Obama Administration, there has been an increase in families from Central America crossing the border illegally and being apprehended by U.S. Customs and Border Patrol.

“Unaccompanied children and families have presented new challenges in our immigration system,” he stated.

Those figures show an increase from 15,000 families crossing illegally in 2013 to almost 78,000 in 2016.

The first time an immigrant crosses illegally they are charged with a misdemeanor. Each subsequent illegal crossing it is a felony. Previously, the parents of those crossing as families for the first time have been apprehended, cited and released, pending their court hearing. But, many of them never appeared for their court date. Instead, the Trump Administration, under Attorney General Jeff Sessions’ new zero tolerance policy, requires the arrest and detention of even those who cross the border illegally for the first time.

According to the press release by the Department of Justice, the “policy comes as the Department of Homeland Security reported a 203 percent increase in illegal border crossings from March 2017 to March 2018, and a 37 percent increase from February 2018 to March 2018—the largest month-to-month increase since 2011.”

According to the Department of Homeland Security’s Immigration Statistics Yearbook for 2016, each year, on average the U.S. allows in one million “foreign nationals who are granted lawful permanent residence (i.e. immigrants who receive a ‘green card’), admitted as temporary nonimmigrants, granted asylum or refugee status, or are naturalized.”

Please check back later for updates to this report.

Interim DA Becton signs amicus brief supporting Deferred Action for Childhood Arrivals (DACA)

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Contra Costa County Interim District Attorney Diana Becton signed her name to a supportive amicus brief supporting the Deferred Action for Childhood Arrivals (DACA) program. The amicus brief, filed on March 20, 2018, is comprised of current and former prosecutors and law enforcement officials across the United States.

“Dreamers are part of our diverse and vibrant community here in Contra Costa. We must continue to build trust with all residents. Losing DACA jeopardizes community policing efforts that are proven to be effective at solving cases and helping victims of violent crime. We need individuals from all backgrounds to feel secure and safe when working with law enforcement,” said Becton.

The amicus brief underscores how important immigrants are to the fabric of any neighborhood. The brief goes on to review the critical nature of law enforcement work is strengthened by a strong connection with the immigrant community. Further, immigrants may often fear reporting crimes or seeking assistance due to their legal status.

In California there are 196,670 DACA recipients, which is the largest number of recipients in the United States. According to the Migration Policy Institute, there are an estimated 11,000 eligible individuals for DACA in Contra Costa County.

The case is Regents of University of California, et al. v. United States Department of Homeland Security, et al. (Filed September 8, 2017, 3:17-cv-05211)

The full amicus brief is available here.

Sheriff releases response to DOJ inquiry on immigration law compliance following Herald request

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Sheriff David O. Livingston. From CCCSheriff website.

By Daniel Borsuk

Contra Costa County Sheriff-Coroner David Livingston has provided at the request of the Contra Costa Herald a copy of his Dec. 1 letter to answer questions whether the department is out of compliance with federal immigration laws that entitled the Coroner-Sheriff Office to nearly $25 million in federal grants in 2016. CCSheriff ltr to DOJ re 8 USC 1373 Compliance 12-1-17

The sheriff’s letter was due Dec, 8, and he essentially informed U. S. Acting Assistant Attorney General Alan Hanson that the Office of the Contra Costa County Sheriff-Coroner is in compliance with federal immigration policy. That is in spite of the fact that beginning Jan. 1, 2018 California law enforcement agencies must begin to enforce Senate Bill 54, the California Values Act or what is better known as the sanctuary state law.

Livingston included with the letter his department’s draft policy on how it will and won’t cooperate with U.S. Immigration and Customs Enforcement (ICE) which was issued Dec. 3, 2013 and updated on Nov. 16, 2017.

In his letter to Hanson, Livingston wrote:

“The California Values Act, with we must comply. That Act provides specifically that it does not authorize information regarding the citizenship or immigration status, lawful or unlawful of an individual, or from requesting from federal immigration authority’s immigration status information lawful or unlawful of an individual, or maintaining or exchanging that information with any other federal, state, or local government entity.”

Sheriff Livingston missed attending the Dec. 7 meeting of the Board of Supervisors’ Public Safety Committee meeting, disappointing a number of committee members who wanted to hear him comment and answer questions about the draft policy on ICE-undocumented jail inmates, but obviously were unable to do so.

“I am surprised and disappointed that the sheriff is not here,” said District 1 Supervisor John Gioia of Richmond at the committee meeting. “I don’t know if this has ever happened before where the sheriff has not appeared at a Public Protection Committee meeting.”

Please see related article.

Contra Costa Sheriff announces findings in ICE detention complaints investigation

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Sheriff David Livingston, center, speaks with Congressman Mark DeSaulnier (to his left) and staff during a tour of the West County Detention Facility in Richmond on Monday, Nov. 27, 2017. Herald file photo.

Refutes claims made by illegal alien female inmates against West County Detention Facility

The West County Detention Facility in Richmond. Herald file photo

The Office of the Sheriff has completed its investigation into complaints raised by several Immigration & Customs Enforcement (ICE) female detainees at the West County Detention Facility (WCDF) in Richmond, California. The complaints were first reported in a local newspaper. The Sheriff’s Office immediately launched an investigation. Investigators interviewed 110 witnesses, with audio recordings and translators where necessary, and viewed hundreds of hours of video surveillance recordings. They also examined log books, computer entries and other evidence. (See related article)

The investigation found that nearly all of the complaints were unfounded and unsubstantiated. Claims of being “locked down” for 23 hours a day were false. The most time any ICE detainee was confined to their dormitory room was one hour and 24 minutes. These “lock downs” are commonly done for facility counts or for administrative reasons. At WCDF the detainees have keys to their rooms and free use of common bathroom facilities.

In one example, the person who complained in the article of being confined to her room for 23 hours was in fact confined for several days in a room with a full toilet and sink. She was confined in such a manner for disciplinary purposes after she assaulted another detainee.

Sheriff David O. Livingston. From CCCSheriff website.

Regarding the use of “red” biohazard bags for toilet needs, there was no evidence that any detainee was forced to use the bags in that manner. In very few cases detainees did use the bags for that purpose in violation of policy. Biohazard bag distribution is now limited to those detainees who are ill or have other medical needs. All inmates are free to use the bathrooms at any time, and even during “lock down” periods of approximately one hour, by notifying a Deputy Sheriff by using the call button in their rooms.

There were two complaints alleging limited access to healthcare that also appear to be unfounded based on detainee interviews. However, Contra Costa Health Services will be reviewing those specific complaints.

“Consistent with independent ICE inspections, we found that the alleged policy violations were largely unfounded,” said Sheriff David Livingston. “In fact, many detainees told us they are well treated at the West County Detention Facility.”

Sheriff Livingston added, “Some issues were identified, such as the use of profanity by a staff member or the quicker replacement of detainees’ room keys when they are lost or damaged. We will use this opportunity to improve wherever we can.”

The investigation will now be provided to the California Attorney General as Sheriff Livingston promised he would do.