EXCLUSIVE: ICE issues statement about detainers, lists some of the criminals caught

JULY 14, 2019

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BELOW is a report published on the Immigration and Customs Enforcement website on July 13.

Declined Detainer Report
Fiscal Year 2018, Second Quarter
Overview
President Donald J. Trump’s Executive Order No. 13768, Enhancing Public Safety in the Interior of the United States, and the Department of Homeland Security’s implementation memorandum, Enforcement of the Immigration Laws to Serve the National Interest, direct U.S. Immigration and Customs Enforcement (ICE) to provide the public with information about declined detainers. In order to increase transparency surrounding the immigration enforcement process, ICE will produce the Declined Detainer Report on a quarterly basis, beginning in the second quarter of Fiscal Year (FY) 2018. The report will highlight cases where ICE issued a detainer, the detainer was declined, and the alien subsequently committed a crime ¹ after being released from state or local custody. Because ICE is often not alerted by uncooperative jurisdictions when a detainer has been declined, and because ICE may only learn of the detainer having been declined after an alien is arrested for a subsequent offense, the cases contained in this report are examples of a broader public safety issue and are not exhaustive.

Cooperation between ICE and state and local law enforcement agencies is critical to the effort to identify and arrest removable aliens and defend the nation’s security. Every day, ICE places detainers on individuals who the agency has probable cause to believe are aliens who are removable from the United States and are currently in federal, state, and local law enforcement agency custody.

In response to such a detainer, cooperative law enforcement agencies will notify ICE as early as practicable (at least 48 hours, if possible) before an alien is released from the law enforcement agency’s custody. In addition, cooperating agencies will also maintain custody of the alien for a period not to exceed 48 hours beyond the time when he/she would otherwise have been released to allow ICE to assume custody. Upon taking custody, ICE is able to initiate removal proceedings and return the alien to his/her country of origin once a final order of removal has been issued by an immigration judge. Additionally, in cases where the alien has reentered the United States illegally after having been removed, ICE will reinstate the prior order of removal, and remove the alien.

While many jurisdictions across the country cooperate with ICE’s detainers and work closely with the agency to ensure the safety of local communities, in some cases, state or local laws, ordinances, or policies restrict or prohibit cooperation between local law enforcement and ICE. Additionally, some jurisdictions willfully decline to honor ICE detainers and refuse to timely notify ICE of an alien’s release, and may do so even when an alien has a criminal record. Unfortunately, a number of aliens who have been released under these circumstances have gone on to commit additional crimes, including violent felonies. ICE maintains that most of these crimes could have been prevented if ICE had been able to assume custody of these aliens and remove them from the country in accordance with federal immigration laws.

In addition to the risk that criminal aliens will reoffend and create additional victims, when jurisdictions fail to honor ICE detainers, ICE must conduct at-large operations within the community to locate these aliens. At-large enforcement actions can carry greater safety risks when compared to taking an alien into custody in the secure and controlled environment of a jail where, for example, individuals have been screened for weapons. Ultimately, a jurisdiction’s decision to ignore ICE detainers increases the need for ICE’s presence in communities and requires additional resources to locate and arrest removable aliens. This consumes significant investigative hours and strategic operational planning, which may or may not be successful.

The Declined Detainer Report highlights cases in which detainers have not been honored and aliens have subsequently been re-arrested or, to the best of ICE’s knowledge, remain at large, demonstrating the critical public safety threat posed by non-cooperation. ² Each report will focus on jurisdictions with policies that can result in the release of potentially dangerous aliens.

This iteration of the Declined Detainer Report focuses on the state of California, in which ICE recently completed three large-scale operations targeting criminal aliens at large in the community, many of whom had passed through the state’s criminal justice system and were not transferred to ICE upon completion of that process.

Section I: FY 2018, Second Quarter – Detainers Issued and Declined between January 1, 2018 and March 31, 2018

A 32-year-old citizen of Mexico was arrested on May 18, 2016 by the Santa Clara Police Department for Driving Under the Influence and booked into the Santa Clara County Jail. On May 19, 2016, ICE issued a detainer, but the detainer was not honored, and he was released. On December 31, 2017, he was arrested by the San Jose Police Department for Possession of a Controlled Substance and booked into the Santa Clara County Jail. On January 2, 2018, ICE issued a detainer, but the detainer was not honored, and he was released. On February 18, 2018, he was again arrested by the San Jose Police Department for Possession of a Controlled Substance and Under the Influence of a Controlled Substance and booked into the Santa Clara County Jail. On February 20, 2018, ICE issued a detainer, but it was not honored, and he was released. On April 29, 2018, he was again arrested by the San Jose Police Department for Possession of a Controlled Substance, Possession of Controlled Substance Paraphernalia, Appropriating Lost Property, and False ID to a Peace Officer and booked into the Santa Clara Jail. On April 30, 2018, ICE issued a detainer, but as of the writing of this report, believes the alien has been released and remains at large.

A 30-year-old citizen of Mexico was arrested on January 7, 2018 by the Los Angeles Police Department for Possession of a Controlled Substance. On January 7, 2018, ICE issued a detainer, but the detainer was not honored and he was released. On February 26, 2018, he was again arrested by the Los Angeles Police Department for Murder, and booked into the Los Angeles County Jail, where as of the writing of this report, he remains in custody. ICE has issued another detainer.

A 21-year-old citizen of Mexico was arrested on January 12, 2018 by the Riverside County Sheriff’s Office for Felony in Possession of Firearm and booked into the Robert Presley Detention Center. On January 13, 2018, ICE issued a detainer, but the detainer was not honored, and he was released. On April 7, 2018, he was again arrested by the Riverside County Sheriff’s Office for Carrying a Stolen Loaded Firearm and booked into the Robert Presley Detention Center. On April 8, 2018, ICE issued a detainer and on May 3, 2018, ICE took custody of the subject from the Riverside County Sheriff’s Office. On the same date, ICE physically removed him to Mexico.

A 26-year-old citizen of Mexico was arrested on January 16, 2018 by the Oxnard Police Department for Possessing a Firearm/Possession of Ammunition and booked into the Ventura County Jail. On January 17, 2018, ICE issued a detainer, but the detainer was not honored, and she was released. On April 2, 2018, she was arrested by the Ventura County Sheriff’s Office for Burglary, Possession of a Controlled Substance, Trespass, Possession of Burglary Tools, Unlawful Possession of Paraphernalia, and Being Under the Influence of a Controlled Substance and booked into the Ventura County Jail.

On April 3, 2018, ICE issued a detainer, but it was not honored, and she was released. On October 17, 2018, she was again arrested by the Ventura County Sheriff’s Office for Burglary, Possession of Burglary Tools, Possession of a Controlled Substance, and Being Under the Influence of a Controlled Substance and booked into the Ventura County Jail. On October 17, 2018, ICE issued a detainer, and on October 19, 2018, ICE took custody of the subject and removed her from the country.
A 28-year-old citizen of Mexico was arrested by the San Luis Obispo County Sheriff’s Office on December 8, 2017, in San Luis Obispo County for a Probation Violation and booked into the San Luis Obispo County Jail. On December 9, 2017, ICE issued a detainer, but the detainer was not honored, and he was released. On January 16, 2018, he was arrested for Rape and Threatening Crime with Intent to Terrorize and booked into the San Luis Obispo County Jail. On January 17, 2018, ICE issued a detainer, but the detainer was not honored, and he was again released. On January 23, 2018, he was arrested at large by ICE officers in Los Angeles, California, and was physically removed from the United States to Mexico on October 4, 2018.

A 38-year-old citizen of Mexico was arrested on January 17, 2018, by the Los Angeles County Sheriff for Battery on Spouse/Ex-spouse/Date/etc. On January 17, 2018, ICE issued a detainer, but the detainer was not honored, and he was released. On April 14, 2018, he was again arrested by the Los Angeles County Sheriff for Driving Under the Influence of Alcohol/Drugs and booked into the Los Angeles County Jail. On April 14, 2018, ICE issued a detainer, but the detainer was not honored and, as of the writing of this report, believes the alien has been released and remains at large.

A 41-year-old citizen of Honduras was arrested on January 31, 2018 by the San Francisco Police Department for Burglary, Obstructing a Public Officer, and Appropriating Lost Property and booked into the San Francisco County Jail. ICE issued a detainer on January 31, 2018, but the detainer was not honored, and he was released. On April 4, 2018, he was again arrested by the San Francisco Police Department for Transporting and Selling a Narcotic Controlled Substance and booked into the San Francisco County Jail. On April 5, 2018, ICE issued a detainer, but, as of the writing of this report, believes the alien has been released and remains at-large.

A 24-year-old citizen of El Salvador was arrested on December 13, 2017 by the Los Angeles Police Department for Taking a Vehicle without the Owner’s Consent. On February 5, 2018, ICE issued a detainer, but the detainer was not honored, and he was released. On February 8, 2018, he was again arrested by the Los Angeles Police Department for Possession of a Controlled Substance and Taking a Vehicle without the Owner’s Consent and booked into the Los Angeles County Jail. On April 24, 2018, ICE issued a detainer, as of the writing of this report,

A 26-year-old citizen of Mexico was arrested on February 13, 2018 by the Beverly Hills Police Department for Burglary, Possession of Burglary Tools, and Criminal Conspiracy, and transferred to the Los Angeles County Jail. On February 13, 2018, ICE issued a detainer, but the detainer was not honored, and he was released. On April 13, 2018, he was arrested by the Newton Police Department for Attempted Murder. On April 14, 2018, ICE issued a detainer, but believes the alien was released and remains at large.

A 35-year-old citizen of Mexico, who was previously removed by ICE on March 3, 2009, was arrested on February 17, 2018 by the San Jose Police Department for Larceny and booked into the Santa Clara County Jail. On February 20, 2018, ICE issued a detainer, but the detainer was not honored, and he was released. On April 1, 2018, he was again arrested by the San Jose Police Department for Accessory Before the Fact (Larceny) and booked into the Santa Clara County Jail. On April 3, 2018, ICE issued a detainer, but the detainer was not honored, and he was again released. On April 6, 2018, he was again arrested by the San Jose Police Department for Carrying a Concealed Dirk or Dagger and booked into the Santa Clara County Jail. He was released before a detainer could be issued, and as of the writing of this report, ICE believes the alien has been released and remains at large.

A 23-year-old citizen of Honduras was arrested on February 20, 2018 by the San Francisco Police Department for Receiving Known Stolen Property, False Identification to Specific Peace Officers, Possession of Burglary Tools, and Vehicle Theft and booked into the San Francisco County Jail. On February 20, 2018, ICE issued a detainer, but the detainer was not honored, and he was released. On April 18, 2018, he was again arrested by the San Francisco Police Department on an outstanding warrant for Second Degree Burglary, Possession of Burglary Tools, Possession of Controlled Substance, and Vehicle Theft and booked into the San Francisco County Jail. On April 18, 2018, ICE issued a detainer, but the detainer was not honored. On April 30, 2018, he was again arrested by the San Francisco Police Department for Burglary, Possession of Unlawful Paraphernalia and Possession of Burglary Tools and booked into the San Francisco County Jail. On May 1, 2018, ICE issued a detainer, but the detainer was not honored. On August 10, 2018, he was again arrested by the San Francisco Police Department for Operating a Bike on a Roadway, Bike Headlight Violation and Taking a Vehicle without Owner’s Consent and booked into the San Francisco County Jail. On August 11, 2018, ICE issued a detainer, but the detainer was not honored. On September 14, 2018, he was again arrested by the San Francisco Police Department for Trespassing, Possession of Unlawful Paraphernalia, Local Ordinance Violation and Taking a Vehicle without Owner’s Consent and booked into the San Francisco County Jail. On September 14, ICE issued a detainer, but the detainer was not honored. On September 28, 2018, he was again arrested by the San Francisco Police Department for Possession of a Stolen Vehicle, Taking a Vehicle without Owner’s Consent (three counts), Evade a Peace Officer, Vehicle Theft and Driving without a License and booked into the San Francisco County Jail. On September 28, 2018, ICE issued a detainer, but the detainer was not honored. On November 16, 2018, he was again arrested by the San Francisco Police Department for Taking a Vehicle without Owner’s Consent (two counts) and Burglary in the Second Degree and booked into the San Francisco County Jail. On November 16, 2018, ICE issued a detainer, but the detainer was not honored. On December 10, 2018, he was again arrested by the San Francisco Police Department for Taking a Vehicle without Consent (two counts) and Burglary in the Second Degree and booked into the San Francisco County Jail. On December 10, 2018, ICE issued a detainer, but the detainer was not honored. On January 3, 2019, he was again arrested by the San Francisco Police Department for Possession of Burglary Tools and Tampering with a Vehicle and booked into the San Francisco County Jail. On January 3, 2019, ICE issued a detainer, but the detainer was not honored. On January 21, 2019, he was again arrested by the San Francisco Police Department for Burglary in the First Degree, Possession of Burglary Tools (two counts), Taking a Vehicle without Consent (two counts), Burglary in the Second Degree and booked into the San Francisco County Jail. On January 21, 2019, ICE issued another detainer, as of the writing of this report,

A 32-year-old citizen of Mexico, who was previously removed by ICE on June 3, 2009, was arrested on December 28, 2017, by the Monterey County Sheriff’s Office for Shoplifting, and booked into the Monterey County Jail. On December 29, 2017, ICE issued a detainer, but the detainer was not honored, and he was released. On February 25, 2018, he was again arrested for Burglary and Possession of Unlawful Paraphernalia and booked into the Monterey County Jail. On February 26, 2018, ICE issued a detainer, but it was not honored, and he was released. On November 26, 2018, he was again arrested for Inflict Corporal Injury on Spouse, Violation of Probation, and Shoplifting, and booked into the Monterey County Jail. On November 27, 2018, ICE issued a detainer, but as of the writing of this report, believes the alien has been released and remains at large.

A 26-year-old citizen of Mexico was arrested on March 1, 2018, by the San Jose Police Department (SJPD) for Vehicle Theft and booked into the Santa Clara County Jail. On March 1, 2018, ICE issued a detainer, but the detainer was not honored, and on
March 2, 2018, he was released. On April 6, 2018, he was again arrested by the SJPD for Possession of a Controlled Substance and Possession of Burglary Tools and booked into the Santa Clara County Jail. On April 7, 2018, ICE issued a detainer, but the detainer was not honored, and he was released. On April 30, 2018, he was again arrested by the SJPD for Vehicle Theft, Possession of Controlled Substance Paraphernalia, and Possession of Burglary Tools and booked into the Santa Clara County Jail. On May 1, 2018, ICE issued a detainer, but the detainer was not honored, and he was released. On January 11, 2019, he was again arrested by the SJPD for Possession of a Controlled Substance without a Prescription. On January 16, 2019, ICE issued a detainer, but the detainer was not honored and, as of the writing of this report, believes the alien has been released and remains at large.

A 25-year-old citizen of Mexico was arrested on March 11, 2018 by the Ventura County Sheriff’s Office for Driving Under the Influence of Alcohol and booked into the Ventura County Jail. On March 11, 2018, ICE issued a detainer, but the detainer was not honored, and he was released. On April 2, 2018, he was again arrested by the Ventura County Sheriff’s Office for Driving Under the Influence of Alcohol and booked into the Ventura County Jail. On April 3, 2018, ICE issued a detainer, but the detainer was not honored, and he was released. On September 1, 2018, he was arrested for Driving Under the Influence of Alcohol and was booked into the Ventura County Jail. On September 1, 2018, ICE issued a detainer, but as of the writing of this report, believes the alien has been released and is at large.

A 23-year-old citizen of Mexico was arrested on March 29, 2018 by the Santa Cruz County Sheriff’s Office for Inflicting Corporal Injury on a Spouse and booked into the Santa Cruz County Jail. On March 29, 2018, ICE issued a detainer, but the detainer was not honored, and he was released. On April 11, 2018, he was again arrested for Inflicting Corporal Injury on a Spouse and booked into the Santa Cruz County Jail. On April 11, 2018, ICE issued a detainer, but the detainer was not honored, and he was released. On January 16, 2019, he was arrested for Driving Under the Influence of Alcohol and Assault with a Deadly Weapon and booked into the Santa Cruz County Jail. On January 16, 2019, ICE issued a detainer, but as of the writing of this report, believes the alien has been released and remains at large.

A 26-year-old citizen of Mexico was arrested on November 9, 2016 by the San Jose Police Department (SJPD) for Receiving Known Stolen Property and Carrying a Concealed Dirk or Dagger and booked into the Santa Clara County Jail. On November 10, 2016, ICE issued a detainer, but the detainer was not honored, and he was released. On January 25, 2017, he was again arrested by the SJPD for Trespassing and Obstructing a Police Officer and booked into the Santa Clara County Jail. On January 26, 2017, ICE issued a detainer, but on March 26, 2017, he was again released without providing ICE the opportunity to assume custody. On April 16, 2017, he was arrested by the SJPD for Possession of Burglary Tools and booked into the Santa Clara County Jail. On April 18, 2017, ICE issued a detainer, but on August 28, 2017, it was not honored, and he was released. On March 1, 2018, he was again arrested by the SJPD for Vehicle Theft and booked into the Santa Clara County Jail. On March 1, 2018, ICE issued another detainer, but on March 2, 2018, he was released. On April 6, 2018, he was again arrested by the SJPD for Possession of a Controlled Substance and Possession of Burglary Tools and booked into the Santa Clara County Jail. On April 7, 2018, ICE issued a detainer, but the detainer was not honored, and he was released. On April 30, 2018, he was again arrested by the SJPD for Vehicle Theft, Possession of Controlled Substance Paraphernalia, and Possession of Burglary Tools, and booked into the Santa Clara County Jail. On May 1, 2018, ICE issued a detainer, but it was not honored, and he was released. On January 11, 2019, he was again arrested by the SJPD for Possession of a Controlled Substance without a Prescription and booked into the Santa Clara County Jail. On January 16, 2019, ICE issued another detainer, as of the writing of this report,

¹ICE tracks and reports on criminal history using the National Crime Information Center (NCIC) Uniform Offense Codes. NCIC is the United States’ central database for tracking crime-related information, is maintained by the Federal Bureau of Investigation (FBI), and is interlinked with federal, tribal, state, and local law enforcement entities. This interoperability allows ICE to report on an alien’s criminal history, as well as encounters with immigration enforcement.

²In many cases, it is not possible for ICE to determine whether a detainer has been honored unless the alien is transferred to ICE custody or arrested again. While some jurisdictions do not actively inform ICE that they have declined a detainer and the alien in question is at large, ICE is often able to determine this has occurred based on the amount of time that has elapsed without notification and public records, for example. The information contained in this report is current as of February 15, 2019, and is accurate to the best of ICE’s knowledge.

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