Featured photo: Martin Gallo-Gallardo (at left, courtesy of the Clackamas County Sheriff’s Office), allegedly murdered his wife, and Francisco Carranza Ramirez (at right), Courtesy of the King County Sheriff’s Office), raped a wheelchair-bound Seattle woman for the third time. Both were released from local jails despite ICE’s request for an immigration detainer and notification of release.
When law enforcement agencies fail to honor immigration detainers and release a criminal alien onto the streets, it negatively impacts public safety, according to a report obtained by the National Association of Chiefs of Police.
Detainers serve as a legally authorized request, upon which a law enforcement agency may rely, to continue to maintain custody of an alien for up to 48 hours so that ICE may assume custody for removal purposes.
Pursuant to ICE policy, all ICE detainers are submitted with an accompanying administrative arrest warrant or warrant of removal depending upon the circumstances of the individual case. ICE places immigration detainers when the agency possesses probable cause to believe an alien is removable from the United States.
“When a local jurisdiction refuses to adhere to — or honor a — detainer or actually assist a criminal alien to avoid capture by ICE agents, they are in my opinion breaking the law by aiding and abetting a criminal alien, especially those who have committed a violent act,” said Sid Franes, a former First-Grade Detective and owner of FLT Security Services.
Sanctuary policies leave ICE with no choice but to increase enforcement in neighborhoods and workplaces to locate and arrest these persons while they are at-large – increasing the likelihood that other individuals previously not targeted for arrest will be taken into ICE custody.
It is safer for everyone if ICE takes custody of an alien in the controlled environment of another law enforcement agency as opposed to visiting an alien’s residence, place of work, or other public area. Arresting a criminal in the safety, security, and privacy of a jail is always the best option.
When law enforcement agencies don’t honor ICE detainers, these individuals, who often have significant criminal histories, are released onto the street, presenting a potential public safety threat.
When ICE Fugitive Operations officers have to go out into the community to proactively locate these criminal aliens, regardless of the precautions they take, it needlessly puts our personnel and potentially innocent bystanders in harm’s way.
“A detainer is a request to local law enforcement agencies that ICE be notified as early as practicable – ideally at least 48 hours – before a removable alien is released from criminal custody and then briefly maintain custody of the alien for up to 48 hours to allow ICE to assume custody for removal purposes,” ICE said in the press release.
“ICE lodges detainers on individuals who have been arrested on local criminal charges and are suspected of being deportable, so that ICE can take custody of that person when he or she is released from local authorities. When law enforcement agencies fail to honor immigration detainers and release serious criminal offenders onto the streets, it undermines ICE’s ability to protect public safety and carry out its mission.”