ICE criticizes county on immigration holds Sheriff wants to cooperate but wary of law

ICE criticizes county on immigration holds

Sheriff wants to cooperate but wary of lawsuits

March 9, 2017 9:59AM

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U.S. Immigration and Customs Enforcement has criticized Clatsop County for not cooperating with the federal agency’s requests to detain undocumented immigrants.

On Tuesday, federal deportation officers arrested a Mexican national with prior criminal convictions, including two for driving under the influence of intoxicants, outside Clatsop County Circuit Court after the man had appeared for a matter related to a criminal charge.

Explaining the incident to The Daily Astorian, which had asked about the arrest, Immigration and Customs Enforcement said in a statement: “Since Clatsop County does not honor ICE detainers and releases criminal aliens who pose a potential public safety threat, and because many of the agency’s arrest targets provide false address information, locating these individuals at a courthouse is, in some instances, the agency’s only likely means of affecting their capture.”

Clatsop County Sheriff Tom Bergin said, “I can’t believe they put out a statement like that.”

Tension on immigration

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The knock from Immigration and Customs Enforcement illustrates the tension between local law enforcement agencies and the federal government over immigration law. Legal challenges and complaints from human-rights advocates led President Barack Obama to narrow requests for ICE detainers at local jails, but President Donald Trump has taken a hard-line policy toward deporting undocumented immigrants and wants more cooperation from local law enforcement.

Bergin would like the Sheriff’s Office, which oversees the county jail, to work with Immigration and Customs Enforcement. But Oregon counties stepped back from ICE detainers after a federal court ruling in 2014.

Fourth Amendment

The U.S. District Court in Portland found that Clackamas County had violated the Fourth Amendment rights of a woman kept in custody at the county jail in 2012 on an ICE detainer to determine whether she should be subject to deportation. The woman had been arrested for violating a domestic violence restraining order, had pleaded guilty, was sentenced, and was eligible for release, but she stayed in jail because of the ICE detainer until she was released to deportation agents.

The Fourth Amendment protects against unreasonable searches and seizures — including detention — without probable cause.

Clackamas County had argued that it was following a federal directive that was mandatory, but the federal court ruled, and Immigration and Customs Enforcement has acknowledged, that ICE detainers are not mandatory on local law enforcement.

After the federal court ruling, several county sheriffs announced they would not honor requests for ICE holds without a warrant or a court order.

“Clatsop is not unique,” Virginia Kice, an Immigration and Customs Enforcement spokeswoman, said. “All of the counties in Oregon don’t honor ICE detainers. It’s just one of the reasons we are utilizing leads to go to the courthouse to make arrests. We have to invest time and resources.”

‘Kicking in the door’

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Bergin said that if Immigration and Customs Enforcement shows up with “a warrant in their hands, we will be the first ones kicking in the door.”

But, without it, Clatsop County could get embroiled in a lawsuit. “Everybody’s getting sued by all these left-wing liberal groups,” he said.

“I would rather see every criminal illegal alien removed from our county, but at this time I have to protect my guys,” he said.

“Now if we have a really, really bad guy, my office is going to do everything it can to make sure that that person goes into custody, stays in custody,” Bergin said.

Kice said Immigration and Customs Enforcement would prefer to make arrests at a secure environment, such as a jail, rather than outside courthouses. “It would be safer for the bystanders, officers and the detainee,” she said.

Courthouse arrest

The man arrested Tuesday had been deported before, ICE’s statement said. The agency’s deportation officers “sought to arrest the man outside the courthouse after earlier efforts to locate him proved unsuccessful.”

Immigration and Customs Enforcement personnel determine where and how to make arrests “on a case-by-case basis, taking into account all aspects of the situation, including the prospective target’s criminal history; safety considerations; and any sensitivities involving the arrest location,” the agency wrote.

ICE often does not know where suspects live, and many are not regularly employed, Kice said.

“We’re dealing with individuals who have a long criminal history and who are savvy at avoiding law enforcement,” she said.

Without providing specific details, ICE agents informed the Astoria Police Department of an upcoming arrest in the city.

“ICE does call us occasionally to tell us they are going to do something somewhere,” Deputy Chief Eric Halverson said. “Typically, plainclothes agents call us to let us know they’ll be in our neighborhood.”

Sanctuary state

An Oregon law approved in 1987 prohibits state and local law enforcement from using public money to pursue and arrest people whose only violation is that they are in the United States illegally. The law does not prevent law enforcement from exchanging information with the federal government on the immigration status of people arrested for crimes, or from making arrests on warrants or court orders for criminal violations of federal immigration law.

In response to President Trump’s immigration crackdown and threats to withhold federal money from so-called sanctuary cities and states, Gov. Kate Brown in February issued an executive order expanding the law to apply to all state agencies.

Clatsop County Board of Commissioners Chairman Scott Lee said he supports Brown’s executive order, one of several declarations by Democratic governors and mayors against the Republican president.

Sheriff Bergin does not support the sanctuary concept.

“I would be the first one to eliminate the sanctuary city, or the sanctuary county, or the sanctuary state, if it was within my power, because I believe it’s wrong,” the sheriff said. “I believe it is an injustice, and I believe that we are protecting individuals that aren’t even legally here a lot of the time. And it’s just ridiculous. It’s ludicrous.”

The Astoria City Council chose not to designate Astoria a sanctuary city, a decision that Lower Columbia Hispanic Council Executive Director Jorge Gutierrez endorsed.

The City Council on Monday instead adopted a resolution, introduced by Gutierrez, reaffirming the city’s inclusive stance toward immigrants. However, City Councilors Cindy Price and Tom Brownson acknowledged that the resolution does not prevent ICE agents from detaining and deporting local undocumented immigrants. Price advised undocumented immigrants to become documented and to stay out of the justice system.

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The U.S. District Court in Portland found that Clackamas County had violated the Fourth Amendment rights of a woman kept in custody at the county jail in 2012 on an ICE detainer to determine whether she should be subject to deportation. The woman had been arrested for violating a domestic violence restraining order, had pleaded guilty, was sentenced, and was eligible for release, but she stayed in jail because of the ICE detainer until she was released to deportation agents.
The Fourth Amendment protects against unreasonable searches and seizures — including detention — without probable cause.

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UNREAL! Forced to protect individuals not in the country legally - Find a way to get instant warrants.

ICE should use the foodstamp and local welfare information vehicle registrations etc.

Who is paying these law enforcement officers to work against our country and it's people?

Maybe we need to slow trail them and find out -

So if a terrorist bombs in another state, they wouldn't hold him/her?

They need to get warrants instantly for those criminals that these sheriffs say if they hold them, they get sued. Streamline the system for obtaining warrants - ice says could take a couple of days - no make them available within hours - then there will be no excuses not to hold for ice, even from sanctuary cities. Appoint judges or "para-judges" for this activity. We have to see "physicians assistants" now instead of a doctor, paralegals handle many things also - invent a para-warrant judge system for illegal criminals to be removed not released.

This sheriff was releasing 400 every 10 days till he was ordered to comply with laws. One county alone. The "populace" of that county elected him to replace sheriff joe. The dangers of the growing population of those with un-American beliefs and lack of respect for our laws.
Arizona Sheriff Releasing 400 “Criminal Illegal Immigrants” Every 10 Days

FEBRUARY 22, 2017
An average of 400 “criminal illegal immigrants” are being released every 10 days by the newly elected sheriff in Arizona’s most populous county, federal law enforcement sources tell Judicial Watch, many of them violent offenders. It’s part of Maricopa County Sheriff Paul Penzone’s new policy to protect illegal aliens, even those who have committed serious state crimes, from deportation. Under a longtime partnership between the county and the feds, the Phoenix field office of Immigration and Customs Enforcement (ICE) was notified when “aliens unlawfully present with additional Arizona charges” were released from the Maricopa County Jail, which is one of the nation’s largest with a population of about 8,000. That ended when Penzone, who refers to illegal immigrants as “guests,” took office this year and, though he formally announced the change last week, it was put into practice much earlier.
During a recent 10-day period, more than 400 criminal illegal immigrants were released from the Maricopa County Jail, according to federal law enforcement officials directly involved in the process in Phoenix. Weekdays are the busiest, with an average of about 40 criminal illegal aliens getting released from Maricopa County Jail facilities, the sources said. On weekends the number drops to about ten each day. The illegal aliens have state criminal charges ranging from misdemeanors to felonies, driving under the influence and drug offenses. “There’s no telling how many criminals he’s (Sheriff Penzone) putting on the streets,” said a high-ranking federal law enforcement official stationed in Arizona. Judicial Watch’s calls to the Maricopa County Sheriff’s Office were not returned.
Before the new sheriff changed the system, ICE would send a wagon every 12 hours to pick up criminal illegal aliens scheduled to be released from the main jail in Maricopa County. Under the new policy, Maricopa County officials are not giving ICE “any notification at all of the release of criminal illegals,” according to an agency official in Phoenix who’s not authorized to talk and can’t be identified. Without cooperation from county authorities, federal agents would have to stand at the door to the jail 24 hours a day and guess which prisoner should be deported, sources said. “We can’t stand out there and question everyone that walks out of that jail,” said a federal agent directly involved in the matter. “Even if we did, we would have to make arrests on the street, in the middle of protestors, families and picketers and that will only heighten the danger to agents.”
When Penzone announced the new policy at a press conference last week, ICE issued a statement calling it an “immediate, dangerous change.” The agency’s Phoenix director for enforcement and removal operations, Enrique Lucero, was quoted in local media saying: “Immigration detainers have been a successful enforcement tool to prevent the release of dangerous criminals to our streets and mitigate the possibility of future crimes being committed against the residents of our communities.” Judicial Watch has filed a Freedom of Information Act (FOIA) request to obtain specific figures and pertinent information related to the Maricopa County Sheriff’s policies involving criminal illegal aliens. “This is as bad as it gets,” said one federal officer.
Just this month an illegal immigrant released from the Denver County Jail in Colorado was arrested for murder. The Mexican national, Ever Valles, was released into the community in December even though he was a “known gang member” with a lengthy and violent criminal history. The 19-year-old gangbanger was arrested in October on multiple charges, including possession of a weapon and vehicle theft, and was flagged by ICE for removal. Instead, Denver County officials released Valles without notifying ICE and this month he was arrested and charged with shooting a man to death during a robbery at a rail station in Denver.http://www.judicialwatch.org/blog/20...every-10-days/

For god sake, forget Obama's unconstitutional immigration memo's and non-enforcement of ILLEGAL immigration laws......

it's a mute, non-existing argument. Obama is not President and his handling of illegal aliens is by no means the law of the land and are worthless today.

Stop bringing up Obama's illegal non-enforcement immigration handling and referring to it as if it were carved in stone and demanding President Trump to adhere to them.

Your time evading the laws is finished so get over it!

Trump should add addendum to immigration Executive Order giving ICE agents authority to issue warrants without a judge.

Let's start enforcing traffic laws against illegals.
If they are in a state that doesn't allow them to have DL, and are using fake or fraudulently obtained documents, confiscate their car.

According to a video from the UK, if a car is being driven and has no insurance, it is confiscated and crushed.

The least we can do is take the cars of the people who are using fake documents. This not only causes problems for the people whose real identity it might be, it also gives a cover for anyone who is a terrorist and wants fake ID.

These sheriffs are lying through their teeth. There are things they can do. Yes, maybe they will have to take the heat from the 'halo-polishers', but isn't that what a law enforcement official is supposed to be able to do?

When AZ, thanks to new sheriff, gets so full of illegals and the crime rate balloons, the snow birds are going to find somewhere else to go.

These old folks are a real boon to that state.

It is really strange. One week you never have to wait in line at a grocery store, restaurant, etc. The next, the lines may be around the block.

These people have money and they spend it.

Also, many own property there which is all year tax revenue for the state.

This problem between detainers and warrants needs to get fixed fast, like right here, right now.

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The U.S. District Court in Portland found that Clackamas County had violated the Fourth Amendment rights of a woman kept in custody at the county jail in 2012 on an ICE detainer to determine whether she should be subject to deportation. The woman had been arrested for violating a domestic violence restraining order, had pleaded guilty, was sentenced, and was eligible for release, but she stayed in jail because of the ICE detainer until she was released to deportation agents.

The Fourth Amendment protects against unreasonable searches and seizures — including detention — without probable cause.

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As long as our judges allow that interpretation of the 4th amendment to be used for illegals (non-citizens), we will be subject to foreign criminals/law breakers that harm us living amongst us. All the sanctuary cities keep repeating "give us a warrant and we will hold them" - then organize a system to obtain the warrant in moments instead of days and sheriffs won't have to worry @ being held liable costing a great deal $$ when sued in numbers. That is why they are very hesitant @ enforcing our laws. Catch 22.. This is another way of keeping illegals in the country, having a non functioning system.

Otherwise, they will continue to sue, illegals have access to lawyers for free thru their organizations and even though in the country illegally, they will sue for monies w/o fear of deportation. obama had funds given to the likes of la raza thru the bankers program and DOJ slush fund. Our money given to help sue us by illegals. You notice the beheader of his mother, had a lawyer immediately - no public defender for him.

I refuse to believe there is no way for a city to hold someone who has committed a crime - anywhere in this country.

Say, someone is wanted for murder in PA, and is caught in Texas, doesn't Texas hold them?

So what is the problem?

These offenses took place in some part of this country. I would assume they are wanted in that part of the country. Are the states deliberately not putting out warrants for these people?

Also, why in the world would a judge ever grant bail to an illegal alien.

I think we are still being hoodwinked and I am beginning to get a little concerned they are still playing games.