ICE arrests Mexican national released from NYC custody with an active detainer, subpoena ignored
NEW YORK — A 39-year-old Mexican national illegally present in the U.S. was arrested by U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) officers Jan. 31. ERO had previously lodged an immigration detainer with the New York City Department of Corrections (NYCDOC) following his arrest for a sexual offense in the Bronx.
Martin Estrada-Barela was arrested by the NYPD Jan. 17, 2019, on the charges of attempted rape, unlawful imprisonment, and attempted assault. Estrada-Barela was subsequently arraigned and remanded into the custody of the NYCDOC. On January 20, 2019, ERO officers assigned to ERO New York’s Criminal Alien Program lodged a detainer with the NYCDOC. In Feb. 2019, Estrada-Barela posted bond and was released from NYCDOC custody without the detainer being honored, as a result of New York City’s sanctuary policies.
On Jan 21. 2020, ICE served an immigration subpoena on the NYCDOC requesting information believed to be in their possession regarding Estrada-Barela. However, despite the lack of response to the subpoena, ERO officers arrested Estrada-Barela Jan. 31 in the Bronx, New York. He is currently detained in ICE custody, pending removal proceedings before a federal immigration judge.
“Estrada-Barela was released back into the community after his sexual offenses charges, even when he could have safely been taken into ICE custody. And because no information was received from the subpoena, it took that much longer to locate him, allowing that much more time for him to potentially re-offend,” said Thomas R. Decker, field office director for ERO New York. “The politics of NYC place the safety of its citizens in danger when they refuse to honor our detainers, and when you add the refusal to provide information as well – it’s a clear signal that they place the criminal alien above law-abiding residents. Law enforcement’s common goal is to keep the public safe, and despite the policies of politicians and city officials that place obstacles to protect the criminal alien, we will continue to enforce immigration laws and make the community safe.”
ICE removed or returned 267,000 aliens in fiscal year 2019. ERO arrested 143,000 aliens, more than 86 percent of whom had criminal convictions or pending criminal charges.
ICE is focused on removing public safety threats, such as convicted criminal aliens and gang members; as well as individuals who have violated our nation’s immigration laws, such as those who illegally re-enter the country after a prior removal, and immigration fugitives ordered removed by federal immigration judges.
About Detainers
ICE lodges detainers on individuals who have been arrested on criminal charges and who ICE has probable cause to believe are removable aliens. The detainer 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. 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.
Congress has established no process, requirement, or expectation directing ICE to seek a judicial warrant from already overburdened federal courts before taking custody of an alien on civil immigration violations. This idea is simply a figment created by those who wish to undermine immigration enforcement and excuse the ill-conceived practices of sanctuary jurisdictions that put politics before public safety.
Sanctuary Policies Put Public Safety at Risk
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. Any local jurisdiction thinking that refusing to cooperate with ICE will result in a decrease in local immigration enforcement is mistaken. Local jurisdictions that choose to not cooperate with ICE are likely to see an increase in ICE enforcement activity, as ICE the agency has no choice but to conduct more at-large arrest operations. A consequence of ICE being forced to make more arrests on the streets is the agency is likely to encounter other unlawfully present foreign nationals that wouldn’t have been encountered had we been allowed to take custody of a criminal target within the confines of a local jail. Additionally, once these criminals are out on the street, confirming their whereabouts is often time consuming and resource intensive. Many of our arrest targets are seasoned criminals who are savvy about eluding law enforcement. Despite the severe challenges that local policies have created for ICE, we remain committed to our public safety mission and we will continue to do our sworn duty to seek out dangerous criminal aliens and other immigration violators. ICE seeks straightforward cooperation with all local law enforcement and elected officials. ICE deportation officers carry out targeted enforcement actions every day in locations around the country as part of the agency’s ongoing efforts to protect the nation, uphold public safety, and protect the integrity of our immigration laws and border controls.
ERO New York’s Area of Responsibility: The City of New York, and the following counties: Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, Sullivan, Ulster, and Westchester.
About Subpoenas
ICE uses statutorily-authorized immigration subpoenas to obtain information as part of investigations regarding potential removable aliens. ICE has not historically needed to use its lawful authority to issue these subpoenas to obtain information from other law enforcement agencies as most law enforcement agencies throughout the country willingly provide ICE with information regarding aliens arrested for crimes in the interest of public safety.
ICE is using every tool available to obtain information regarding the whereabouts and other relevant information regarding removable aliens from jurisdictions that chose to, or are unable to, cooperate with ICE.
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