There is, presently, a kerfuffle over local cities—many of them sanctuary cities—turning loose illegal aliens with records of violent crimes, rather than holding them for Immigration and Customs in response to the latter’s detainer requests. Most famously, two of those released went on to commit horrific crimes upon their release.
Here’s the thing:
The issue, says [San Luis Obispo Sheriff Ian] Parkinson and dozens of other sheriffs and police chiefs across California and Arizona, is that, while Immigration and Customs Enforcement routinely asks departments to hold prisoners like [Francisco Javier Chavez, out on bail after being charged in an attack which left a toddler with two broken arms, a broken femur, a compressed spine, a urinary tract infection, and a 107 degree fever] until they can take custody of them for deportation, the local law enforcement officials believe doing so will expose them to lawsuits. They cite court cases including the March, 2014, US Court of Appeals for the Third Circuit ruling in Galrza v Szalczyk that held states and localities are not required to imprison people based on ICE “detainer” requests, and that states and localities may be held liable if they participate in wrongful immigration detentions.
“I am not aware of any County in California that is honoring detainers, simply because we can’t,” Parkinson said. “We have to follow the law or the threat of violating the law ourselves,” Parkinson said, citing a Court decision issued approximately one year ago. “The law actually does not give us the right to place an ICE hold, unless there is a warrant for them.”
ICE? They insist
there is no requirement that it obtain a judicial warrant to compel law enforcement agencies to hold suspects and that a detainer is sufficient.
Yeah, you do, guys. At least within the 3rd Circuit’s jurisdiction. And even if you don’t, your bleating of “Not my job” is only getting honest Americans—children included—killed. Quit hiding behind excuses, get off your office-bound patootie, and get the warrant.
On the other hand, there’s nothing blocking the sheriffs and police from dropping a dime on ICE when they’re about to release such a one, so an ICE agent can be present to pick up the illegal alien as he walks out the door. Not doing this is on the locals.
Should judges be releasing these guys on bail? Probably not, but a) that’s a different story, and b) the judges are bound by what the laws in their jurisdictions say about bail requirements.