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March 21, 2019New York, NY, United StatesEnforcement and Removal

ICE arrests previously removed Guatemalan national, released from local custody with an active detainer

ICE arrests previously removed Guatemalan national, released from local custody with an active detainer

NEW YORK — U.S. Immigration and Customs Enforcement's ERO deportation officers assigned to the ERO New York's Newburgh Sub-Office arrested a 28-year old, previously removed Guatemalan national March 14. He was released from the Westchester County Jail, with an active detainer due to Westchester County's Immigrant Protection Act.

On Feb. 14, he was arrested by the New Rochelle Police Department and charged with Rape 3rd Degree. On Feb. 19, ICE issued a detainer to the Westchester County Department of Corrections. On Feb. 25, the active detainer was not honored, and he was released on bond from the Westchester County Jail. This individual was previously removed by ICE on July 22, 2009, and unlawfully returned to the U.S. on an unknown date, and place. On March 14, ERO deportation officers arrested him in New Rochelle, New York. He is currently detained in ICE custody pending removal to Guatemala.

"This man with pending rape charges in Westchester, was released back into the unsuspecting community as the local authorities were prevented from honoring our detainer because of their new immigrant protection act," said Thomas R. Decker, field office director of ERO New York. "Let me make this clear, we are not arresting law abiding legal immigrants, we are charged by Congress to arrest those who are in this country illegally, breaking the laws of this nation, keeping our top priority on criminal aliens and removing the aliens who are threatening our communities."

ICE removed or returned 258,085 aliens in fiscal year 2018. Enforcement and Removal Operations arrested 158,581 aliens, 90 percent of whom had criminal convictions, pending criminal charges, or previously issued final orders. The overall arrest figure represents an 11 percent increase over fiscal year 2017.

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, including those who illegally re-entered the country after being removed and immigration fugitives ordered removed by federal immigration judges.

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 (DHS Form 1-247A) 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.
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