Thread: TX - Starr Co. Sheriff's Office Releases Inmate with Federal Detainer (update)

Posted: May 03, 2016 5:43 PM PDT
Updated: May 03, 2016 5:43 PM PDT

RIO GRANDE CITY — A man charged with smuggling a dangerous group of people across the border is free. He was released before federal authorities could bring their own charges.

Last week, five people crossed the border illegally, and a driver picked them up. The Starr County District Attorney’s Office said the group was connected to the Gulf Cartel.

The alleged driver of the group walked free from Starr County Jail, even though federal authorities wanted him in custody.

On Wednesday morning, Border Patrol and DPS troopers spotted men coming across on a raft. Then they jumped into a pickup truck.

Police said that truck was driven by Jose Raul Aldape Hernandez. DPS charged him with human smuggling.

The Starr County DA’s Office said Aldape Hernandez was in the country illegally. Immigration and Customs Enforcement wanted to take him into custody, so the agency placed a federal detainer against him.

“A detainer is a request from the Department of Homeland Security to any jail agency… asking them if they're going to release the individual, or if they're going to detain that individual for the Department of Homeland Security to pick them up,” said immigration attorney Anthony Matulewicz.

Instead, Aldape Hernandez was arrested Wednesday, saw a judge and was out by Thursday.

They have rights, so everyone's entitled to a bond,” said Leo Lopez, Rio Grande City Municipal Court judge. “We as magistrates, all we do is read them the rights, set bail and that's basically it."

Judge Lopez set Aldape Hernandez’s bond at $5,000.

Lopez said once a person goes before a judge, they go back into custody. Someone else has the last call to release.

“That is up to the jail, the county jail and the county sheriff, to put a detainer on the individual,” Lopez said.

The Starr County Sheriff responded to CHANNEL 5 NEWS’ request for comment with this statement:

“A detainer was given to jail personnel for Jose Raul Altape Hernandez, but was missed during the booking and releasing process…”

"It's a request; it's not a requirement. The local agency or the local entity does not have to comply with that,” immigration attorney Anthony Matulewicz said.

It is unknown where Aldape Hernandez is now. He gave no address when he got his bond.

The Starr County Sheriff’s Office said they’re taking action to ensure this kind of mistake won’t happen again.

http://www.krgv.com/story/31883333/s...deral-detainer