Localities recoup incarceration costs

-- Edgar Cuevas-Rosales' story is not unlike the dozens of other illegal immigrants being held on criminal charges in local jails.

The 21-year-old native of Mexico said he arrived here two years ago to find work and a better life. He easily found a job in construction and, with no family members here to lean on, stayed with friends in South Richmond.

"There seems to be more work here than in other places," Cuevas-Rosales said last week through an interpreter at the Richmond City Jail, where he has been held for five months.

But his plans abruptly ended Aug. 17, when he was charged with the armed robbery of a Mexican restaurant in the city's Fan District. Police say he was one of four robbers, one of whom had a gun.

The Richmond Sheriff's Office has had to squeeze a growing number of illegal immigrants into an already overcrowded jail, where an average of 1,546 men and women are housed in a space meant for 882.

Cuevas-Rosales awaits trial and almost certain deportation.

"I'm going to be deported whether I'm convicted or not," Cuevas-Rosales said pointedly after declaring his innocence.

Sheriff's officials believe as many as 640 illegal immigrants spent at least one day in the city's jail in fiscal 2008, up from about 495 in fiscal 2007.

Richmond is among a growing number of Virginia localities turning to the federal government to recover incarceration costs from the influx of undocumented immigrants.

Through the State Criminal Alien Assistance Program, the U.S. Justice Department late last year collectively gave 45 Virginia localities and the state of Virginia $5.2 million for the costs associated with housing illegal immigrants in fiscal 2008.

That's nearly 40 percent more than the $3.1 million distributed to 28 Virginia localities in fiscal 2007, according to newly released data.

The Virginia Department of Corrections, which held 1,185 foreign-born offenders, the majority illegal, in fiscal 2008, received more than a third of the funds distributed to Virginia localities, or $1.76 million.

Fairfax County, home to the state's largest immigrant population, was awarded just over $1 million, the second-highest sum. Fairfax held 2,565 illegal immigrants in fiscal 2006 and 1,440 in fiscal 2007. Numbers for fiscal 2008 were not immediately available.

Locally, Richmond and the counties of Chesterfield and Henrico all received checks for substantially lesser amounts, although Chesterfield ranked seventh among the 45 Virginia localities awarded money, receiving $68,347.

To date, Chesterfield has made the greatest use of the program in the Richmond region, receiving a total of $385,410 since fiscal 2004.

Under Richmond Sheriff C.T. Woody Jr., Richmond has placed greater emphasis on obtaining available federal dollars to cover its immigration incarceration costs.

The city received $45,265 from the criminal alien assistance program, but also collected $49,500 from U.S. Immigration and Customs Enforcement for 159 illegal immigrants the city held for ICE in fiscal 2008 -- up from just 29 immigrants in fiscal 2007.

"There's a big leap there," noted Richmond Sheriff's Maj. Jerry Baldwin, who had no explanation for the increase. "We hold whoever is brought to us. We don't pick and choose."

On Wednesday of last week, Richmond was holding 11 illegal immigrants -- including Cuevas-Rosales -- on federal immigration detainers. Three were from Mexico, two from Guatemala and one from El Salvador.

Chesterfield Sheriff Dennis L. Proffitt says the immigrant burden has a trickle-down effect on the jail system and county courts, creating more expense and work for his deputies, county judges and prosecutors.

While the federal reimbursement program covers only a portion of the cost to house illegal immigrants, "it does release some of burden on the taxpayer to pay for that," the sheriff said.

The Chesterfield Sheriff's Office held 283 illegal immigrants on federal immigration detainers in fiscal 2008, up sharply from 95 held in fiscal 2007. But county authorities say the numbers represent only those immigrants wanted by ICE. The total number is probably much higher, but a precise count couldn't be determined.

Chesterfield, like Richmond, employs Justice Benefits Inc., a consulting firm in Dallas, to keep track of the illegal immigrants held by the county. The firm gathers and analyzes inmate records and personnel data to determine what reimbursement costs the county is entitled to receive and then completes the federal application for the money.

Under Chesterfield's contract with Justice Benefits, the company receives 22 percent of any reimbursement awarded to the county.

John W. Jones, executive director of the Virginia Sheriff's Association, believes the increase in federal dollars for Virginia can be attributed largely to the expanding number of localities seeking reimbursement.

"We encourage our members to apply for that money," Jones said. "It's my perception that localities are being informed on how to apply for that money, and they're going after it."

Jones said he has written letters to members of Congress to keep the money flowing. Funding for the program took a $300 million hit in fiscal 2002 but has increased gradually each year since then. Congress appropriated $410 million for the program for fiscal 2008, according to a Justice Department spokeswoman.

"I think what you're seeing with the funding is the feds making an attempt to address the problem," Jones said. "It doesn't scratch the surface on what it's costing localities to keep illegal aliens, but we don't look a gift horse in the mouth. We think it's great to have any increase."

Increased funding is especially important now, Jones said, because Virginia's budget crunch will result in a 7 percent cut in state funding for local jails.

"When Congress appropriates the money, Virginia [localities] need to step up and get their portion," Jones said.
Contact Mark Bowes at (804) 649-6450 or .