ICE announces Montgomery County, Prince George's County criminal offenders shielded by current non-cooperation policies
BALTIMORE – U.S. Immigration and Customs Enforcement (ICE) has repeatedly asked local jurisdictions to reconsider non-cooperation policies because those policies put politics before public safety. On Friday, ICE released more examples of foreign nationals with active ICE detainers who have been detained for serious criminal offenses in Maryland’s Montgomery and Prince George’s Counties. These individuals have not yet been released to the community to potentially reoffend, and ICE asks that they are transferred to its custody prior to that happening.
ICE maintains that cooperation with local law enforcement is essential to protecting public safety, and the agency aims to work cooperatively with local jurisdictions to ensure that criminal aliens are not released into U.S. communities to commit additional crimes.
“The county leadership has chosen misguided politics over public safety,” said Francisco Madrigal, acting Baltimore field office director. “The individuals we have lodged detainers against have been arrested in the community and will likely be released directly back into that community under these dangerous policies. We aren’t asking Montgomery County or Prince George’s County to conduct immigration enforcement, we’re asking them to honor a lawful request to transfer these individuals into our custody where they can avail themselves of due process in the immigration court system.”
Montgomery County Detainers Currently Outstanding
CARBALLOS-Morales, Manuel
Current charge(s): Sex abuse minor, 3 counts of sex offense 3rd degree
Arrest date: April 14, 2019
Detainer issued: April 15, 2019
Projected release date (if available): Unknown
RIVAS-Montano, Juan
Current charge(s): 2 counts Sex abuse minor, 2 counts child abuse molest exploit, 2 counts child abuse-2nd degree: 2 counts house, sex offense 3rd degree, 2 counts assault-2nd degree
Arrest date: November 5, 2019
Detainer issued: November 13, 2019
Projected release date (if available): Unknown
KIDLAT, Jaycob
Current charge(s): Sex Abuse Minor (5 counts), Rape 2nd degree (9 counts) and Sex Offense 3rd Degree
Arrest date: May 30, 2019
Detainer issued: June 24, 2019
Projected release date (if available): Unknown
YATASSAYE, Mouhamadou aka YATASSAYE Mouhamed
Current charge(s): Assault 1st Degree (4 counts)
Arrest date: April 30, 2019 arrested by US Marshals arrested by Montgomery County on May 5, 2019
Detainer issued: April 30, 2019
Projected release date (if available): Unknown
Prince George’s County Detainers Currently Outstanding
MANSARAY, Alpha Ibrahimbah
Current charge(s): Att 1st Deg Murder/Att 2nd Degree Murder/Assault 1st Degree/Assault 2nd Degree/CDS Possess-Not Marijuana/Possession with Intent To Distribute/Possession of CDS/CDS Possess Paraphernalia/Attempted To Elude Police Officer/Reckless Driving/Operating Vehicle With Unauthorized Window Tinting
Arrest date: September 24, 2019
Detainer issued: September 27, 2019
CABRERA, Luis Miguel
Current charge(s): Child Abuse Physical w/ Death, Child Abuse-Sexual, 2nd Degree Rape
Arrest date: September 10, 2018
Detainer issued: September 10, 2018
Projected release date (if available): Unknown9
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. As ICE has repeatedly made clear, when local jurisdictions refuse to cooperate with immigration enforcement, they not only betray their duty to protect public safety, but force ICE to be more visible in those areas.
“It is past time to put aside all the political rhetoric and listen to the facts – and the fact is, people are being hurt and victimized every day because of jurisdictions that refuse to cooperate with ICE,” said acting ICE Director Matt Albence in a White House press briefing in September.
While making clear the consequences of uncooperative jurisdictions, Albence also commended law enforcement partners who do work with ICE because it is much safer for all involved if ICE officers take custody in the controlled environment of another law enforcement agency. Approximately 70 percent of the arrests ICE makes happen after ICE is notified about an alien being released from local jails or state prisons. In fiscal year 2019, ICE has lodged more than 160,000 detainers with local law enforcement agencies.
Acting Director Albence reiterated that ICE is sworn to uphold the federal immigration laws enacted by Congress, and that the agency will carry out its sworn mission, with or without the cooperation of local law enforcement agencies.
“It is my sincere desire to work with local partners to whatever extent they are willing to work with this agency in what should be our shared goal to ensure public safety,” he said. “Uncooperative jurisdictions should be on notice that as long as criminal offenders are being released, they should get used to seeing a lot more ICE at-large enforcement activity in their communities.”
Nationally, approximately 90 percent of all people arrested by ICE during fiscal year 2019 either had a criminal conviction, a pending criminal charge, had illegally re-entered the United States after being previously removed (a federal felony), or were an immigration fugitive subject to a final order of removal.
Despite the challenges this policy creates, ICE remains committed to enforcing federal law, and residents should continue to expect a more visible ICE presence in Montgomery and Prince George’s Counties while this non-cooperation policy remains in effect, as ICE has no choice but to conduct more at-large arrests in local neighborhoods and at worksites.
About Detainers
Under federal law, ICE has the authority to lodge immigration detainers with law enforcement partners who have custody of individuals arrested on criminal charges and who ICE has probable cause to believe are removable aliens. The detainer form asks the other law enforcement agency to notify ICE in advance of release and to maintain custody of the alien for a brief period of time so that ICE can take custody of that person in a safe and secure setting upon release from that agency’s custody. Yet, across the United States, several jurisdictions refuse to honor detainers and instead choose to willingly release criminal offenders back into their local communities where they are free to offend.
When law enforcement agencies fail to honor immigration detainers and release a criminal alien onto the streets, it negatively impacts public safety.
Sanctuary Policies Put Public Safety at Risk
- 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.
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