Thread: 32 people on 'immigration holds' freed from Maricopa County jails since Friday

ICE official: 32 people on 'immigration holds' freed from Maricopa County jails since Friday

Megan Cassidy , The Republic | azcentral.comPublished 2:31 p.m. MT Feb. 22, 2017 | Updated 54 minutes ago


Thirty-two people who previously would have been held in a Maricopa County jail under “ICE detainers” until they could be retrieved by federal immigration authorities have been released from Sheriff's Office custody since Friday, officials said.

Over the past five days, federal agents have not picked up any of them on their release, according to U.S. Immigration and Customs Enforcement officials.

That's because the Sheriff's Office no longer allows federal agents to detain people on jail property, according to ICE officials, forcing agents to scan parking lots.

MORE: MCSO: No more 'courtesy holds' for federal immigration agents

“They've made absolutely no effort to pick people up, even though they've been notified. It's ICE's responsibility to pick these individuals up, and they are not doing their job.”

MCSO spokesman Mark Casey

A Sheriff’s Office spokesman said that ICE agents were not allowed to arrest detainees within the confines of the jail facilities, citing liability and litigation concerns. But spokesman Mark Casey said, "They've made absolutely no effort to pick people up, even though they've been notified. It's ICE's responsibility to pick these individuals up, and they are not doing their job."

All 32 were arrested on suspicion of state crimes and during an ICE screening process in the jails were deemed to likely be in the country illegally. Per Penzone's new policy, they were released from custody at the time a criminal judge saw fit, just as if they were U.S. citizens.

ICE spokeswoman Yasmeen Pitts O'Keefe said as a result of changes at the jails, ICE officials "realigned fugitive enforcement resources" to locate and arrest people after their release.

As of Wednesday morning, Pitts O'Keefe said, five of the 32 released from jail have been arrested by ICE's Enforcement Removal Operations.

Among the individuals released were some with convictions for extreme DUI, reckless driving, drug offenses and resisting an officer, Pitts O'Keefe said.

"ICE will continue to seek to collaborate with all law enforcement agencies throughout the state of Arizona, including the Maricopa County Sheriff's Office, to help ensure that individuals who may pose a threat to our communities are not released onto the street to potentially reoffend and harm individuals living within our communities," she said.

RELATED: ICE calls new MCSO jail policy a 'dangerous change,' but judges across U.S are ruling against immigration detainers

Casey said Tuesday the agency has lived up to its promise to notify ICE when one of its would-be detainees is about to be freed, but ICE has declined to pick any of them up upon release.

On Tuesday, the Sheriff's Office said there were 26 such individuals released, and on Wednesday ICE said there were 32.

Penzone said Friday that a threat of litigation prompted him to end the “courtesy holds,” and that the new policy would take effect immediately.

Each person booked into jail in Maricopa County is screened by an ICE agent, who flags certain individuals if they are suspected to be illegal immigrants. Before Friday, the holds, or “detainers,” as they’re officially known, could keep an individual in jail for up to 48 hours longer than they would have otherwise after being released by the court.

Penzone said the ICE agents would remain in the jails and still screen the inmates. The changes now come on the back end, he said, and require ICE to take a more “aggressive position” upon an inmate's release.

Casey said Penzone has initiated discussions with ICE on “working out a lawful, logistical exchange.”


“We are looking for solutions to this issue without exposing the office to costly lawsuits or violations of civil rights,” he said.

The interplay between Maricopa County and ICE is particularly noteworthy against the national backdrop. The jail’s about-face comes as President Donald Trump continues to encourage local police to take a more aggressive role in immigration enforcement, as part of a sweeping plan to oust undocumented immigrants.

MORE: Arizona police agencies not volunteering for more immigration-enforcement responsibilities

On Tuesday, the administration laid out a blueprint of how it plans to implement Trump's executive orders on illegal immigration. The memos, among other things, empower local police to help with immigration enforcement; call for hiring thousands more immigration agents; and expands the definition of immigrants who could be deported under "expedited removal," which can deny individuals the opportunity to speak with a judge.

http://www.azcentral.com/story/news/...iday/98227114/

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