ICE arrests more than 20 released in New York after detainers ignored

NEW YORK — During the month of February 2019, ICE’s Enforcement and Removal’s (ERO) deportation officers assigned to the New York Field Office arrested more than 20 criminal aliens throughout their area of responsibility, after they were released from local law enforcement custody with an active immigration detainer in place.

Case Examples

• Bronx County: An unlawfully present Guyanese national, was arrested by local authorities for Assault 2nd, Assault 3rd, Reckless Endangerment, Menacing, and Criminal Possession of a Weapon. A detainer was issued, but was not honored and he was released. On Feb. 8, ERO deportation officers arrested him in the Bronx. He is currently detained in ICE custody pending a removal hearing before an immigration judge.
• Bronx County: An unlawfully present Mexican national, was arrested by local authorities for Robbery 2nd: Aided by Another, and Robbery 2nd: Cause Physical Injury. A detainer was issued, but was not honored and he was released. On Feb. 8, ERO deportation officers arrested him in the Bronx. He is currently detained in ICE custody pending a removal hearing before an immigration judge.
• Bronx County: An unlawfully present Dominican national, was arrested by local authorities for Criminal Sale of Marijuana, Criminal Possession of Marijuana, and Unlawful Possession of Marijuana. A detainer was issued, but was not honored and he was released. On Feb. 8, ERO deportation officers arrested him in the Bronx. He is currently detained in ICE custody pending a removal hearing before an immigration judge.
• Kings County: An unlawfully present Italian national, was arrested by local authorities for Criminal Tax Fraud. A detainer was issued, but was not honored and he was released. On Feb. 25, ERO deportation officers arrested him in Brooklyn. He is currently detained in ICE custody pending removal to Italy.
• Kings County: An unlawfully present Spanish national, was arrested by local authorities for Assault, menacing, Criminal Possession of Stolen Property, and Harassment. A detainer was issued, but was not honored and he was released. On Feb. 26, ERO deportation officers arrested him in Brooklyn. He is currently detained in ICE custody pending removal to Spain.
• New York County: An unlawfully present Mexican national, was arrested by local authorities for Assault 2nd, Assault 3rd, and Criminal Obstruction of Breathing or Blood Circulation. He A detainer was issued, but was not honored and he was released. He subsequently plead guilty to Assault 3rd. On Feb. 26, ERO deportation officers arrested him in Manhattan. He is currently detained in ICE custody pending a removal hearing before an immigration judge.
• Queens County: An unlawfully present Mexican national, was arrested by local authorities for Assault 2nd , Act in Manner Injure Child Less Than 17, Escape, Harassment 2nd: Physical Contact. The victim in this case was under the age of 11. A detainer was issued, but was not honored and he was released. On Feb. 6, ERO deportation officers arrested him in Kew Gardens. He is currently detained in ICE custody pending a removal hearing before an immigration judge.
• Queens County: An unlawfully present Mexican national, was arrested by local authorities for Criminal Contempt: Disobey Court. A detainer was issued, but was not honored and he was released. On Feb. 19, ERO deportation officers arrested him in Kew Gardens. He is currently detained in ICE custody pending a removal hearing before an immigration judge.
•  Queens County: An unlawfully present Colombian national, was arrested by local authorities in October 2018 for Strangulation, Assault, and Harassment, and again in December 2018 for Robbery, and Assault. A detainer was issued each time, but was not honored and he was released. On Feb. 26, ERO deportation officers arrested him in Kew Gardens. He is currently detained in ICE custody pending a removal hearing before an immigration judge.
• Rockland County: An unlawfully present Guatemalan national, was arrested by local authorities for Rape. A detainer was issued to the county jail, but was not honored and he was released. On Feb. 26, ERO deportation officers arrested him in Spring Valley. He is currently detained in ICE custody pending a removal hearing before an immigration judge.
• Suffolk County: An unlawfully present Salvadoran national, and MS-13 associate, was arrested by local authorities for DWI. A detainer was issued, but was not honored and he was released. On Feb. 27, ERO deportation officers arrested him in Brentwood. He is currently detained in ICE custody pending removal to El Salvador.
• Westchester County: An unlawfully present Colombian national, was arrested by local authorities for Assault 2nd: Intent to Cause Serious Physical Injury. A detainer was issued to the county jail, but was not honored due to Westchester County’s Immigrant Protection Act. He was later sentenced to a year in prison. On March 1, ERO deportation officers arrested him in Valhalla. He is currently detained in ICE custody pending a removal hearing before an immigration judge.

ERO New York Operations

In Fiscal Year 2018, the New York field office made more than 3,400 arrests in their area of responsibility (southernmost 14 counties of New York State) – approximately 87 percent of those individuals either had a prior criminal conviction or had criminal charges pending, pursuant to their arrest by a law enforcement agency. In a region with a population of approximately 8-10 million residents, these statistics clearly illustrate that ERO New York prioritizes its daily targeted enforcement efforts, on criminals and public safety threats. Reports of ICE raids, sweeps or checkpoints are false, dangerous and irresponsible. These reports create panic and put communities and law enforcement personnel in unnecessary danger. Any groups falsely reporting such activities are doing a disservice to those they claim to support.

About Detainers

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 deportable from the United States.

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.

When law enforcement agencies fail to honor immigration detainers and release a criminal alien onto the streets, they have declined an ICE detainer. This negatively impacts public safety and ICE’s efficiency in the apprehension of criminal aliens. Federal immigration laws authorize DHS to issue detainers and provide ICE broad authority to detain removable aliens.

Sanctuary Policies Put Public Safety at Risk

• These dangerous 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.
• Moreover, tracking down our priority fugitives is highly resource intensive. It’s not uncommon for our criminal alien targets to utilize multiple aliases and provide authorities with false addresses. Many do not have a stable place of employment.

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.