Oklahoma details plan to turn over undocumented inmates to ICE

OKLAHOMA CITY — Oklahoma has identified 525 undocumented immigrants in state prisons who could be deported under a new plan released Wednesday from the Department of Public Safety.

The agency on Wednesday released details of its plan, called “Operation Guardian,” to coordinate with federal authorities at U.S. Immigration and Customs Enforcement. The plan includes multiple options to parole undocumented immigrants from prison to ICE custody.

Incarcerating the 525 undocumented people costs Oklahoma taxpayers $36,000 a day, the Department of Public Safety reported. All of the 525 inmates have been issued an ICE detainer, which signals that federal agents aim to take custody of the person for deportation.

“This plan ensures Oklahoma leads the nation in cracking down on illegal aliens who’ve committed crimes against our communities,” Public Safety Commissioner Tim Tipton said in a statement. “Operation Guardian is a direct response to the threat that these criminals pose to our citizens, and I join Governor (Kevin) Stitt in his commitment to protecting Oklahomans.”

Stitt blamed former President Joe Biden’s border policies for allowing “our country to become a safe haven for criminal illegal migrants.”

“I’m grateful we have a president in the White House who is taking action where the former refused to,” Stitt said in a statement. “These dangerous illegal aliens should not be walking on our streets, and they soon won’t be.”

The majority of the 525 inmates, 72%, originate from Mexico while the rest are from Guatemala, Honduras, Vietnam or other unspecified countries.

The largest share of the group, 30%, were convicted of “violent crimes against children,” according to the state’s report. Another 27% are incarcerated for nonviolent drug offenses. Twenty percent were convicted of violent assault crimes, and 14% were convicted of violent crimes resulting in death.

Since 1996, state law has required the Oklahoma Department of Corrections to identify the number of inmates in its custody who are not U.S. citizens and assist federal authorities with deportations.

Immigrants convicted of nonviolent offenses could be released to ICE custody for removal from the U.S. with approval from the Oklahoma Pardon and Parole Board, according to the Operation Guardian plan.

Those convicted of violent offenses could be paroled to ICE detention after serving a quarter of their sentence, if the crime was committed since Nov. 1, 2018, or after serving one-third of their sentence, if the crime was committed in the 20 years prior to 2018, the plan states. Both the Pardon and Parole Board and the governor would have to agree to release them to ICE. 

In an effort to balance victim rights and public safety, Stitt has said he will review cases on an individual basis before deciding whether to shorten any prison sentences.

Those sentenced to life in prison without the possibility of parole would not be eligible.

Operation Guardian also prioritizes transfers of undocumented immigrants in county jails to federal detention. 

Three counties — Tulsa, Canadian and Okmulgee — have agreements with the federal government to give county deputies and jailers limited authority of ICE officers to investigate and prepare jailed offenders for deportation, according to the plan’s details. The state Department of Corrections is considering entering into a similar agreement with ICE, Tipton wrote in the plan.

Only Kay County has a contract permitting its jail to act as an ICE detention facility.

Federal law allows local police to arrest any immigrant who has re-entered the U.S. illegally after being convicted of a felony in the country and deported.

A new state law creating the offense of “impermissible occupation” is currently unenforceable because of a court order. An Oklahoma City federal judge paused enforcement of the law in June while a lawsuit is pending against it.

The controversial law was set to take effect July 1 and would have allowed immigrants living in the state without legal permission to be arrested. Those convicted of “impermissible occupation” face potential jail time or a fine and would have to leave the state within 72 hours.