ICE spars with Multnomah Co. over undocumented immigrant accused of wife's murder

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ICE claims they requested a detainer for undocumented immigrant Martin Gallo-Gallardo back in March, but Multnomah County Sheriff's Office is denying that request was made.

Author: Mila Mimica
Published: 9:47 AM PDT November 2, 2018
Updated: 10:48 AM PDT November 2, 2018

PORTLAND, Ore. — The man accused of killing his wife and dumping her body near Camp Namanu in Sandy last week is an undocumented immigrant who had been arrested earlier this year for domestic violence.

Police say 45-year-old Martin Gallo-Gallardo killed his wife and dumped her body in a ditch near the camp. Gallo-Gallardo was arrested earlier this week and charged with murder. He's currently behind bars in Clackamas County without bail.

According to Multnomah County court records, Gallo-Gallardo was arrested March 4 this year on domestic violence charges. He was held in custody through March 8, when he posted bail and was released.

Officials with US Immigration and Customs Enforcement told KGW News they had requested a detainer for Gallo-Gallardo on March 5, two days before he was released. They claimed Multnomah County didn't honor that detainer.

"It’s unfortunate that law enforcement agencies like the Multnomah County Jail refuse to work with ICE to promote public safety by holding criminals accountable and providing justice and closure for their victims. Sanctuary policies not only provide a refuge for illegal aliens, but they also shield criminal aliens who prey on people in their own and other communities," the ICE official said in an email Friday.

In response, Sgt. Brandon White with the Multnomah County Sheriff's Office said the agency didn't receive a civil detainer or criminal warrant from ICE that would have allowed them to keep Gallo-Gallardo in custody.

"If federal immigration authorities had reason to keep Martin Gallo-Gallardo in custody they failed to take the steps necessary to make that happen, including entering information into any law enforcement criminal databases. We received no communication from ICE in regards to Martin Gallo-Gallardo," Sgt. White wrote in an email.

Sgt. White added even if ICE had sent the detainer, they wouldn't have been able to hold Gallo-Gallardo behind bars due to the federal court case Miranda Oliveras v. Clackamas County. The full releases sent from both Multnomah County Sheriff's Office and ICE are included at the bottom of this story.

Pres. Donald Trump has highlighted crimes by undocumented immigrants, especially during the past few days ahead of the midterm election.

In Oregon, Measure 105 is aiming to repeal the state's sanctuary status. The measure is being voted on this election cycle.

Release from Multnomah County Sheriff's Office:

ICE is putting our community at risk with their failed enforcement strategy of the not using the authority they already have to hold people accountable.
No Oregon jail can hold someone on a civil detainer based on federal court case Miranda Oliveras v. Clackamas County. The U.S. Attorney’s Office knows this, ICE knows this, but they persist in pursuing this failed strategy. Federal officials had ample time to do their job. They had his name, address, and telephone number.

It is disingenuous to make this claim when they failed to follow the process for even entering the civil detainer information into any law enforcement database. MCSO wants to make clear that we did not receive any information from ICE regarding this individual.

Local police, corrections professionals, and the District Attorney did their best to hold this person accountable for his domestic violent assault -- including taking the case to a grand jury. However, we were unable to hold him accountable without the cooperation of the victim.

We do not know she did not cooperate, but we know that many immigrant victims of domestic violence are concerned about how reporting will affect their status and status their children. This a terrible tragedy for her and her children. We remain committed to building a relationship of trust with immigrant communities so they feel comfortable sharing their story. Public safety needs to be for all.

Here is the release from ICE:

ICE maintains that cooperation by local law enforcement is an indispensable component of promoting public safety. It’s unfortunate that law enforcement agencies like the Multnomah County Jail refuse to work with ICE to promote public safety by holding criminals accountable and providing justice and closure for their victims. Sanctuary policies not only provide a refuge for illegal aliens, but they also shield criminal aliens who prey on people in their own and other communities.

Gallo Gallardo is a citizen of Mexico who unlawfully entered the United States. U.S. Immigration and Customs Enforcement (ICE) placed an immigration detainer on Gallo Gallardo on March 6, following his arrest for Felony Assault 4th degree. The Multnomah County Jail did not honor that detainer and Gallo Gallardo was released on bond on March 8. Through failure to honor the ICE detainer, Gallo Gallardo has remained in the United States unlawfully since the Multnomah County Jail release. Gallo Gallardo was arrested by the Clackamas County Sheriff’s Office and charged with the offense of murder on Oct. 29. ICE placed an immigration detainer with the Clackmas County Jail on Oct. 30.

https://www.kgw.com/article/news/ice.../283-610675235