Washington's sheriffs met in late March, and according to Wahkiakum County Sheriff Mark Howie, much of the discussion concerned "the topic of immigration enforcement as well as our response to the new "shaming" list the federal administration has sent out".
Cambridge and other local police agencies have anxious that federal crackdowns on undocumented immigrants will discourage immigrants from reporting crimes and cooperating with police.
ICE officials declined Wednesday to comment on the sheriffs' complaints, or their assertion that the detainers call for them to illegally detain prisoners. It turned out the inmate was not from Santa Barbara.
Asked why Hernandez was being deported, ICE pointed to a misdemeanor battery conviction in DeKalb County.
"It's frustrating", Brown said Monday. The case could have implications for local authorities in Florida and across the country. "It's with the way this thing was rolled out".
Sen. Jamie Eldridge, the bill's Senate sponsor, said he recently received an email from a constituent whose husband, originally from Brazil, was detained and jailed by Immigration and Customs Enforcement officials. Sheriff Donny Youngblood convened a press conference to declare the information "fake". The detention center's only obligation is to notify ICE when the individual is being released. And they still notify ICE of immigrants being released. What they're in our jail for is not any federal crimes.
An undocumented immigrant from Antigua with two past gun arrests was also targeted.
ICE already has policies that enforcement at "sensitive locations such as schools, places of worship and hospitals should generally be avoided", unless there is permission from a supervisor or serious circumstances. Santa Barbara County receives $1 million in funds from the federal government.
Supporters of Hernandez's policy say undocumented immigrants are being held to the same standards as everybody else. According to ICE, Ocean County stated it would not honor ICE detainers unless and individual committed an indictable offenses such as being a danger to the community, offenses against property, offenses against others or offenses against public order, health and decency. "ICE can only report what we know", she said.
Aside from the §1373's shaky legal ground, one of the biggest issues with compliance is that local jurisdictions are asked to enforce ICE detainers. "We are the 17th most populous county in the state".
"This is not just an isolated incident", Eldridge said. "It can't be accurate".
In 2015, the county initiated a 48-hour immigration policy to help streamline cooperation with ICE as part of their Priority Enforcement Program, according to the county. "It's generated in Washington", he explained.
"First we've got an administration that is escalating the criminalization of our community, and now we've got ICE agents shooting into homes", said Analía Rodríguez, executive director of the Latino Union of Chicago. "All the sudden, now you have this additional mandate ..." Guzman gave out the forms needed to get those documents and told parents they can go to the district office or a local credit union to have paperwork notarized for free.
"At the very least, it's a public perception nightmare for sheriffs across the country", he said. "We have police authority".
"We still have to follow the law. It is imperative to enact policy to extract ICE from Denver courtrooms, jails, probation offices, and schools". They are not federal ICE officers.
Still, "In many respects, the practices of the department goes beyond the scope of the City Council order, and there have been safeguards built into our process that are designed not to jeopardize the trust that the members of the department have worked so hard in achieving", the letter said. "The reality is it is the opposite".