Since Trump took office this year with an increased focus on immigration enforcement, local law enforcement officials, such as Greeley Police Chief Jerry Garner and Reams, have said they don't have much of a role to play when it comes dealing with a federal issue. The Declined Detainer Outcome Report does not accurately describe the difficulties or potential legal ramifications associated with honoring ICE detainer requests. The report focused on the week of January 28 through February 3. The date they were issued a detainer and the date that detainer was declined is also included. Read the report here.
However, some towns and counties are refusing to assist the federal agency in its task, "potentially endangering Americans", according to the ICE report. "In practice, we're not releasing people into the community they're interested in". It had 1,856 total declined detainers for that period, with 964 for people with a prior criminal record. A third person, from Honduras, was also released from SCORE and has a conviction for domestic violence. In 2014, a federal court found Lehigh County should not have honored the detainer and found the county liable for damages.
The Department of Homeland Security on Monday released its first report publicly calling out counties that refused to honor federal requests to detain people on suspicion of violating immigration law.
"I don't want to put the county in a position we're subject to a lawsuit because we detained somebody illegally, we kept them too long".
"It doesn't matter what the underlying criminal history is, or what they were arrested for".
While schools haven't reported significant changes in attendance, fewer immigrant parents are attending school-related meetings, Fariña said. "These weekly releases have the effect of criminalising immigrants in the public imagination".
But it does not hold people in jail for minor offenses or people who have not been given a trial, she said. The executive order said federal funding - most likely policing grants - would be withheld from jurisdictions that did not comply with ICE detainers.
The report also mistakenly listed 14 rejected detainers for the Travis County State Jail, a separate facility run by Texas' prisons system. But ICE does not yet know how these jurisdictions responded to the detainers.
US Magistrate Judge Andrew Austin made the statements during a hearing for a man who was arrested by Immigration Customs and Enforcement (ICE) agents in a courthouse.
"That is simply untrue", Trenary said.
In fact, it explicitly singles out Orleans Parish Sheriff's Office for turning down detention requests, even though New Orleans is legally bound to its policy under court order.
"I think they are using this to bully local law enforcement agencies into joining the Trump deportation force", he said. At least 200 of those requests were declined by local law enforcement authorities, according to the agency.
While ICE officials did not dispute that report, which the newspaper attributed to ICE data provided on request, they added that many factors could be at play.
In Austin and Travis County, the rejections of detainer holds are a result of a sanctuary city policy enacted by newly elected Sheriff Sally Hernandez in January.
Critics of this technique have pointed to its flaws by omission, given that all arrested persons in the USA, regardless of their ethnicity or citizenship status, are also released once arrested for lesser crimes as part of their constitutionally guaranteed right to due process.