OKLAHOMA CITY — The Oklahoma Department of Public Safety released a progress report on its goal to implement "Operation Guardian" — a plan to deport "criminal illegal aliens" from state and county jails.
2 News read the full 10-page report. Here's what we found.
Oklahoma Commissioner of Public Safety and Homeland Security Advisor Tim Tipton was charged with finding strategies to implement the plan by Governor Kevin Stitt in November 2024.
Local News
'Operation Guardian' | What it means for Oklahoma
The report outlines legal precedents allowing these deportations but said more is needed from the federal government before a full comprehensive plan can be made.
"In consultation with Governor Stitt, it seems clear a comprehensive plan cannot be completed and executed until President Trump’s cabinet and agency heads have an opportunity to implement President Trump’s executive orders and agenda concerning illegal immigrants," Tipton said. "However, please accept this report on the findings and planning progress to date."
How many illegal immigrants are in Oklahoma state prisons?
According to the report, 525 illegal immigrants are being held in ODOC prisons.
Of those 525, these are the crimes they're being held for:
- 139 (27%) non-violent drug crimes,
- 11 (2%) non-violent property crimes,
- 103 (20%) violent assault crimes,
- 38 (7%) violent sex crimes,
- 159 (30%) violent crimes against children, and
- 75 (14%) violent crimes resulting in death.
The report also shared the nationality of those 525:
- 377 (72%) Mexico
- 40 (8%) Guatemala
- 35 (7%) Honduras
- 7 (1%) Vietnam
- 66 (12%) Other
What does the state plan to do about it?
Tipton outlines the first steps of the plan, which include:
- Identifying approaches to transferring criminal illegal aliens in ODOC to ICE custody for removal
- Identifying approaches to transferring criminal illegal aliens in county jails to ICE custody for removal
- Addressing criminal illegal aliens who have already been released from ODOC custody
- Identifying approaches for law enforcement officer contacts with criminal illegal aliens
- Identifying approaches to mitigate the risks faced by migrant juveniles who were
released at the border into the U.S. by the Biden-Harris administration
Is Operation Guardian legal?
Tipton and his team reviewed existing laws and said they found several legal approaches to take.
Oklahoma statutes allow for a few types of parole that would allow ICE to take custody of the inmates:
Removal Parole is allowed under Oklahoma Statute Title 57 for non-violent offenders who are not a U.S. citizen and have a final deportation order. Removal Parole requires three Pardon and Parole Board members to agree on their parole.
Administrative Parole, given under the same statute, allows parole for non-violent criminals who served at least a third or fourth of their sentence depending on when the crime was committed. Administrative Parole requires action by the Pardon and Parole Board. Offenders eligible for this type will be paroled from ODOC custody whether or not ICE take the offender.
If the offender is within six months of their discharge date, there must also be no objection from the victim or district attorney. If they are not within six months of discharge, there must be no objection and the offender must have complied with their ODOC case plan.
Traditional Discretionary Parole, under the same statute, is for offenders who have served a portion of their sentence and weren't sentenced to life without parole. For both violent and non-violent offenders, parole is subject to the discretion of the Pardon and Parole Board and the Governor.
ICE Rapid REPAT (Removal of Eligible Parolees Accepted for Transfer) is authorized under federal andstate statutes. This method requires a US-issued deportation order, serving 1/3 of their sentence, and a non-85% crime conviction. The federal government would also require that the state request the removal in formal writing. The offender must waive all administrative and judicial appeals and agree to cooperate with ICE to facilitate the removal.
Oklahoma law, since 1996, directs the ODOC to "vigorously" pursue available mechanisms to support ICE in processing inmates for removal.
In addition to these, President Trump's Executive Orders would likely expand the options available if implemented.
How much does this cost?
The report found it costs $36,000 a day in taxpayer funds to house those 525 people.
No information was given on how much Operation Guardian would cost to implement.
What about illegal immigrants in county jails?
Tipton says in the report, "There are likely hundreds more with ICE detainers (or who would qualify for ICE detainers) in county jails serving out a judgment and sentence for being held in pretrial detention."
2 News has been tracking ICE holds in the Tulsa County Jail since Jan. 23 and has only seen two. At the time of publishing this article, the jail reports having zero ICE holds.
The Tulsa County Jail does have an agreement with ICE under the 287g program. Under this, ICE trained detention officers evaluate the citizenship of people booked into the jail.
If they determine that person is not here legally, ICE places a 287g hold on that inmate. Once that person has dealt with their state charges, they are turned over to ICE, a jail representative said.
The representative did clarify that the jail is not an ICE holding facility. Any illegal inmate booked must be picked up by ICE within 72 hours.
The report identified three other detention facilities with some form of agreement with ICE. Those are Okmulgee, Canadian and Kay counties.
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