US Immigration and Customs Enforcement (ICE) has issued its first weekly report on local law enforcement agencies (LEA) that have refused to comply with detainer orders. Known by critics as the “immigrant crimes list” it has been compared to lists created by the Nazis of crimes committed by Jews.
The entirety of Section 2 of the report is a list of the crimes and countries of origins of those immigrants not detained by law enforcement agencies that do not enforce ICE detainers. For instance, in Orleans Parish, Louisiana, an undocumented Mexican immigrant convicted of drug trafficking was released before ICE could detain and deport. On the same day an undocumented El Salvadoran immigrant charged with assault was released before ICE could detain and deport.
Scared yet? Because that’s the point.
The report, excerpted below, does not detail all the times an LEA declined to enforce a detainer. It only includes “declined detainers that ICE personnel have become aware of during their enforcement activities.”
Rhode Island is mentioned twice in the report, in Section III, which details those communities that have enacted policies to not cooperate with ICE. ICE took note of a resolution by the Providence City Council in 2011 declining to honor ICE detainers and a 2014 RI Department of Corrections policy from Governor Lincoln Chafee stating that the state “Will not honor ICE detainer without a warrant.”
Here’s the excerpted report, the full report is available at the link:
ENFORCEMENT AND REMOVAL OPERATIONS
Weekly Declined Detainer Outcome Report
For Recorded Declined Detainers Jan. 28 – Feb. 3, 2017
Pursuant to section 9(b) of Executive Order 13768, Enhancing Public Safety in the Interior of the United States, and section H of the Secretary of Homeland Security’s subsequent implementation memo, Enforcement of the Immigration Laws to Serve the National Interest, U.S. Immigration and Customs Enforcement (ICE) is making available for public release the non-Federal jurisdictions that release aliens from their custody, notwithstanding that such aliens are subject to a detainer or similar request for custody issued by ICE to that jurisdiction. For instances of such release, the report also includes the associated individual’s citizenship, detainer issued and declined dates, and notable criminal activity. ICE compiled this report based on jurisdictions with detainers that were recorded as declined between January 28, 2017, and February 3, 2017, regardless of detainer issuance date.
It should be noted that law enforcement agencies (LEA) do not generally advise ICE of when a detainer is not honored, and therefore this report represents declined detainers that ICE personnel have become aware of during their enforcement activities.
This report is comprised of four sections:
- Section I: Highest Volume of Detainers Issued to Non-Cooperative Jurisdictions between January 28, 2017, and February 3, 2017
- Section II: Jurisdictions with Recorded Declined Detainers Broken Down by Individuals Released between January 28, 2017, and February 3, 2017
- Section III: Table of Jurisdictions that have Enacted Policies which Limit Cooperation with ICE
- Section IV: Report Scope and Data Fidelity
Section III: Table of Jurisdictions that have Enacted Policies which Limit Cooperation with ICE
All jurisdictions and their corresponding detainer ordinances listed in this document are based upon public announcements, news report statements, publicly disclosed policies, and/or information given directly to ICE personnel in the field regarding these jurisdictions’ new level of cooperation with ICE detainers. As such, there may be other non-cooperative jurisdictions not contained in this Section of the document. Additionally, a jurisdiction’s criteria for honoring detainers may have changed since publication of this report. The entries below are sorted chronologically, with most recent first, by the date a policy was enacted in the stated jurisdiction.
Rhode Island Department of Corrections, Rhode Island (Boston)
Department of Corrections Policy from Governor
Will not honor ICE detainer without a warrant
Providence, Rhode Island
Resolution of the City Council
The State of Rhode Island does not honor ICE detainers
Section IV: Report Scope and Data Fidelity Operational/Policy
1. Some field offices ceased issuing detainers to known uncooperative jurisdictions. ICE field offices have been recently instructed to issue detainers on all removable aliens in a LEA’s custody. As a result, the number of issued detainers is expected to increase over the next several reporting periods.
2. Currently, uncooperative jurisdictions prevent ICE from knowing when an alien has been released from custody. Consequently, active detainers exist for aliens who are no longer incarcerated. The field offices are in the process of reviewing outstanding active ICE detainers, potentially affecting the list of jurisdictions listed in future reporting periods.
3. ICE field offices are also being instructed to update the criminal history information contained within ICE’s records at the time of detainer issuance, as ICE does not normally enter criminality until it assumes custody post-processing. Hence, the list of crimes reported for aliens subject to detainers that are subsequently declined may be temporarily under-reported until this new change improves data quality.
4. At present, ICE does not document, in a systematically reportable manner, the immigration status of an alien at time of detainer issuance. ICE sends detainers to law enforcement agencies, which requests aliens be turned over to ICE prior to release, if ICE possesses probable cause to believe that the alien is removable from the United States.
5. ICE will update this report weekly, noting the time period for which it collected data. Data reflected will be 6 weeks past to ensure data integrity.
6. ICE compiled this report based on jurisdictions with detainers that were declined between January 28, 2017, and February 3, 2017, regardless of detainer issuance date. As such, the declined detainers may include a combination of I-247, I-247D, I-247N, and/or I-247X forms.
7. This report should not be considered an exclusive factor in determining a jurisdiction’s level of cooperation with and support of ICE or the law enforcement community.
8. The I-247N form and some I-247X forms requested that the LEA provide notice to ICE as early as possible, or as early as practicable before the subject is released from LEA custody (at least 48 hours). This notification is intended to allow ICE time to respond and take custody of the alien where resources may not be instantly available. This report may reflect instances in which the LEA may have technically provided notification to ICE in advance of an alien’s release, but where the LEA did not provide sufficient advance notification for ICE to arrange the transfer of custody prior to release due to geographic limitations, response times, or other logistical reasons. In these instances ICE records the detainer as declined by the LEA.
9. This report does not, nor does it intend to create any rights, privileges, or benefits, substantive or procedural, enforceable by any party against the United States; its departments, agencies, or other entities; its officers or employees; contractors or any other person.