ENFORCEMENT AND REMOVAL OPERATIONS Weekly Declined Detainer Outcome Report For Recorded Declined Detainers Jan. 28 – Feb. 3, 2017 Summary 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 1 Section I: Highest Volume of Detainers Issued to Non-Cooperative Jurisdictions between January 28, 2017, and February 3, 2017 During the week of January 28, 2017, through February 3, 2017, ICE issued 3,083 detainers throughout the United States. The following table reflects the jurisdictions that do not comply with detainers on a routine basis, which had the highest volume of detainers issued during the reporting period (157 to these ten jurisdictions during the reporting period). While these counties have a policy of non-cooperation, the outcome of these specific detainers is yet to be determined. Consistent with these counties’ policies, ICE expects these detainers to reflect as declined in Section II of future weekly reports. As further noted in Section IV, ICE field offices have been instructed to resume issuing detainers on all removable aliens in a LEA’s custody regardless of prior non-cooperation. As a result, the number of issued detainers will increase over the next several reporting periods. County State Issued Detainers Clark Nevada 51 Nassau New York 38 Cook Illinois 13 Montgomery Iowa 12 Snohomish Washington 12 Franklin New York 9 Washington Oregon 7 Alachua Florida 5 Franklin Iowa 5 Franklin Pennsylvania 5 2 Section II: Jurisdictions 1 with Recorded Declined Detainers Broken Down by Individuals Released between January 28, 2017, and February 3, 2017 The following table describes the individuals released by detention location that declined detainers during the period. 2 In sum, these jurisdictions declined 206 detainers issued by ICE. The table also provides the associated country of citizenship, detainer issue and decline dates, and a notable criminal activity (charge or conviction) associated with the individual released from custody. The entries below are sorted alphabetically by state. 3 Note that an alien may have been subject to detainers in multiple jurisdictions during the time period reported. Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity HOOVER CITY JAIL Jefferson Alabama Mexico 2/1/2017 12/6/2014 Drug Possession (Conviction) SANTA RITA JAILALAMEDA COUNTY Alameda California* Cambodia 1/29/2017 1/28/2017 Domestic Violence (Conviction) LAPD - VALLEY JAIL (VAN NUYS), CA Los Angeles California* Mexico 2/2/2017 10/27/2016 Arson - Residence-Endangered Life (Conviction) LOS ANGELES CITY JAIL Los Angeles California* Mexico 1/31/2017 9/6/2014 Assault (Conviction) LOS ANGELES CITY JAIL Los Angeles California* Mexico 2/2/2017 1/24/2017 Domestic Violence (Conviction) 1 Jurisdictions include counties, boroughs, and parishes. According to the reporting described in Section IV. 3 An asterisk after the jurisdiction name or state indicates that a policy is in place that limits or prohibits cooperation with ICE; policy details can be found in Section III. 2 3 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity LOS ANGELES COUNTY JAIL-TWIN TOWER Los Angeles California* Mexico 1/31/2017 8/26/2016 Assault (Conviction) LOS ANGELES COUNTY JAIL-TWIN TOWER Los Angeles California* El Salvador 1/31/2017 5/4/2016 Domestic Violence (Conviction) MADERA CO DEPT OF CORRECT Madera California* Mexico 1/30/2017 12/1/2016 Driving Under Influence Liquor (Conviction) ANAHEIM CITY JAIL Orange California* Mexico 1/30/2017 1/18/2017 Burglary (Charge) SACRAMENTO COUNTY JAIL Sacramento California* Guatemala 2/2/2017 2/2/2017 Cruelty Toward Wife (Conviction) SANTA BARBARA COUNTY JAIL Santa Barbara California* Mexico 2/3/2017 1/30/2017 Forgery (Conviction) SANTA CLARA CO MAIN JAIL Santa Clara California* Mexico 2/1/2017 2/1/2016 Domestic Violence (Conviction) BOULDER COUNTY JAIL Boulder* Colorado Mexico 1/31/2017 8/7/2015 Assault (Conviction) BOULDER COUNTY JAIL Boulder* Colorado Mexico 1/31/2017 12/27/2016 Assault (Conviction) BOULDER COUNTY JAIL Boulder* Colorado Mexico 1/31/2017 6/30/2016 Assault (Conviction) BOULDER COUNTY JAIL Boulder* Colorado Mexico 1/31/2017 10/24/2016 Burglary (Conviction) 4 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity BOULDER COUNTY JAIL Boulder* Colorado Mexico 1/31/2017 12/27/2016 Cocaine - Possession (Charge) BOULDER COUNTY JAIL Boulder* Colorado Mexico 1/31/2017 11/7/2016 Dangerous Drugs (Charge) DENVER JUSTICE CENTER Denver* Colorado Mexico 1/29/2017 12/9/2016 Driving Under Influence Liquor (Conviction) BROOMFIELD DETENTION CENTER Jefferson* Colorado Mexico 1/31/2017 1/20/2017 Forgery (Conviction) BROOMFIELD DETENTION CENTER Jefferson* Colorado Mexico 1/31/2017 6/28/2016 Driving Under Influence Liquor (Conviction) BROOMFIELD DETENTION CENTER Jefferson* Colorado El Salvador 1/31/2017 10/21/2016 Driving Under Influence Liquor (Conviction) WELD COUNTY JAIL Weld* Colorado Mexico 2/3/2017 12/7/2016 Violation of a Court Order (Charge) BROWARD COUNTY JAIL Broward Florida Guatemala 1/30/2017 1/29/2017 Failure To Appear (Charge) MARION COUNTY JAIL Marion Florida Venezuela 1/30/2017 1/28/2017 Traffic Offense (Conviction) SAC COUNTY JAIL Sac Iowa Mexico 1/30/2017 2/11/2014 Drug Possession (Conviction) SIOUX COUNTY JAIL Sioux* Iowa Guatemala 1/31/2017 1/27/2017 Traffic Offense (Charge) 5 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity ORLEANS PARISH SHERIFF Orleans Parish* Louisiana Mexico 2/1/2017 1/31/2017 Battery (Conviction) BALTIMORE COUNTY DET. CENTER Baltimore City Maryland Mexico 2/1/2017 10/4/2016 Drug Trafficking (Charge) MONTGOMERY COUNTY DET. Montgomery* Maryland El Salvador 2/1/2017 11/30/2016 Assault (Charge) PRINCE GEORGES CO DET CEN Prince George's* Maryland El Salvador 2/2/2017 1/13/2015 Assault (Charge) HENNEPIN COUNTY ADC Hennepin* Minnesota Mexico 2/3/2017 2/2/2017 Amphetamine - Possession (Conviction) HENNEPIN COUNTY ADC Hennepin* Minnesota Mexico 2/3/2017 2/2/2017 Possession Of Weapon (Charge) HARRISON DETENTION CENTER Harrison Mississippi Honduras 2/2/2017 12/25/2016 Driving Under Influence (Conviction) BROOKLYN CENTRAL BOOKING New York City* New York Ecuador 2/3/2017 3/30/2015 Obscene Material - Possession (Conviction) QUEENS CENTRAL BOOKING New York City* New York India 2/3/2017 1/31/2017 Intimidation (Charge) RIKERS ISLAND, QUEENS, NY New York City* New York Mexico 2/3/2017 1/6/2017 Dangerous Drugs (Conviction) RIKERS ISLAND, QUEENS, NY New York City* New York Mexico 2/1/2017 1/27/2017 Assault (Charge) 6 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity WESTCHESTER CO.JAIL,VALHA Westchester New York Honduras 2/2/2017 2/1/2017 Assault (Charge) RICHMOND COUNTY JAIL Richmond North Carolina Guatemala 2/3/2017 2/25/2016 Identity Theft (Conviction) CLACKAMAS CO JAIL Clackamas* Oregon Mexico 2/3/2017 2/3/2017 Driving Under Influence Liquor (Conviction) MARION CO JAIL Marion* Oregon Mexico 1/31/2017 12/30/2016 Indecent Exposure (Conviction) MULTNOMAH COUNTY JAIL Multnomah* Oregon Mexico 1/31/2017 3/22/2016 Assault (Conviction) MULTNOMAH COUNTY JAIL Multnomah* Oregon Tonga 2/1/2017 7/22/2014 Amphetamine - Possession (Conviction) CHESTER CNTY JAIL, PA Chester* Pennsylvania El Salvador 2/3/2017 2/29/2016 Probation Violation (Conviction) PHILADELPHIA 9TH POLICE DIST. Philadelphia* Pennsylvania Jamaica 2/1/2017 4/17/2015 Homicide (Charge) RIVERSIDE CORR. FACILITY Philadelphia* Pennsylvania Dominican Republic 2/3/2017 2/26/2016 Heroin - Sell (Charge) BASTROP COUNTY JAIL Bastrop Texas Guatemala 2/1/2017 12/1/2016 Indecent Exposure (Conviction) BASTROP COUNTY JAIL Bastrop Texas Mexico 2/1/2017 1/17/2017 Liquor (Charge) 7 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity BASTROP COUNTY JAIL Bastrop Texas Mexico 2/1/2017 1/24/2017 Domestic Violence (Charge) TRAVIS COUNTY STATE JAIL Travis* Texas Mexico 2/1/2017 12/11/2016 Assault (Conviction) TRAVIS COUNTY STATE JAIL Travis* Texas Mexico 2/1/2017 7/4/2016 Carrying Prohibited Weapon (Conviction) TRAVIS COUNTY STATE JAIL Travis* Texas Mexico 2/1/2017 11/20/2016 Fraud (Conviction) TRAVIS COUNTY STATE JAIL Travis* Texas Mexico 2/1/2017 11/12/2016 Driving Under Influence Liquor (Conviction) TRAVIS COUNTY STATE JAIL Travis* Texas Mexico 2/1/2017 8/19/2016 Aggravated Assault - FamilyStrongarm (Charge) TRAVIS COUNTY STATE JAIL Travis* Texas Mexico 2/1/2017 10/30/2016 Aggravated Assault - FamilyWeapon (Charge) TRAVIS COUNTY STATE JAIL Travis* Texas Nicaragua 2/1/2017 10/25/2016 Aggravated Assault - Weapon (Charge) TRAVIS COUNTY STATE JAIL Travis* Texas Honduras 2/1/2017 12/8/2016 Assault (Charge) TRAVIS COUNTY STATE JAIL Travis* Texas Mexico 2/1/2017 10/17/2016 Assault (Charge) TRAVIS COUNTY STATE JAIL Travis* Texas Mexico 2/1/2017 1/30/2017 Assault (Charge) 8 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity TRAVIS COUNTY STATE JAIL Travis* Texas Guatemala 2/1/2017 11/13/2016 Driving Under Influence Liquor (Charge) TRAVIS COUNTY STATE JAIL Travis* Texas Mexico 2/1/2017 12/14/2016 Driving Under Influence Liquor (Charge) TRAVIS COUNTY STATE JAIL Travis* Texas Mexico 2/1/2017 11/25/2016 Driving Under Influence Liquor (Charge) TRAVIS COUNTY STATE JAIL Travis* Texas Mexico 2/1/2017 12/20/2016 Driving Under Influence Liquor (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 5/23/2016 Aggravated Assault - FamilyStrongarm (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/8/2017 Aggravated Assault - Weapon (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 4/6/2016 Assault (Conviction) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 8/3/2016 Assault (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 9/20/2016 Assault (Conviction) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 11/6/2016 Assault (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 8/3/2016 Domestic Violence (Conviction) 9 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 12/16/2016 Robbery (Conviction) TRAVIS CTY JAIL Travis* Texas Cuba 2/1/2017 1/28/2017 Indecent Exposure (Conviction) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 11/22/2016 Carrying Prohibited Weapon (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/31/2017 Burglary - Forced Entry-Residence (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/3/2017 Burglary - No Forced Entry-NonResidence (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 3/31/2016 Burglary (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/31/2016 Burglary (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 12/2/2016 Burglary (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 12/26/2016 Cocaine - Possession (Conviction) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 8/8/2016 Marijuana - Possession (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 10/24/2016 Family Offense (Conviction) 10 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 2/1/2017 Family Offense (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/10/2017 Flight To Avoid (prosecution, confinement, etc.) (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 9/25/2016 Fraud - False Statement (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 11/13/2016 Resisting Officer (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 10/2/2016 Resisting Officer (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 12/21/2015 Driving Under Influence Liquor (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 12/26/2016 Driving Under Influence Liquor (Conviction) TRAVIS CTY JAIL Travis* Texas Nicaragua 2/1/2017 1/1/2017 Driving Under Influence Liquor (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 6/10/2016 Driving Under Influence Liquor (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 7/29/2016 Driving Under Influence Liquor (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/16/2017 Driving Under Influence Liquor (Conviction) 11 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/22/2017 Driving Under Influence Liquor (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 11/23/2016 Driving Under Influence Liquor (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 10/10/2016 Driving Under Influence Liquor (Conviction) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 9/24/2016 Driving Under Influence Liquor (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/29/2017 Driving Under Influence Liquor (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 10/24/2015 Driving Under Influence Liquor (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/26/2017 Driving Under Influence Liquor (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/22/2017 Driving Under Influence Liquor (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 3/27/2016 Domestic Violence (Conviction) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 11/29/2016 Domestic Violence (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 6/27/2016 Domestic Violence (Conviction) 12 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 9/7/2015 Domestic Violence (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 8/25/2016 Domestic Violence (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 10/6/2016 Domestic Violence (Conviction) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 12/11/2016 Domestic Violence (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 6/24/2016 Domestic Violence (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 12/6/2016 Domestic Violence (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/27/2017 Illegal Entry (INA SEC.101(a)(43)(O), 8USC1325 only) (Conviction) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 12/28/2016 Sex Assault - Carnal Abuse (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 12/9/2016 Sex Assault - Carnal Abuse (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 9/21/2016 Sex Assault (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 7/7/2016 Sex Assault (Charge) 13 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 2/20/2016 Sex Assault (Charge) TRAVIS CTY JAIL Travis* Texas Guatemala 2/1/2017 12/30/2016 Sex Assault (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/20/2016 Sex Assault (Charge) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 1/3/2017 Aggravated Assault - FamilyStrongarm (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 11/28/2016 Aggravated Assault - FamilyStrongarm (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/4/2017 Aggravated Assault - FamilyStrongarm (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/27/2017 Aggravated Assault - FamilyStrongarm (Charge) TRAVIS CTY JAIL Travis* Texas Guatemala 2/1/2017 11/6/2016 Aggravated Assault - FamilyWeapon (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/14/2016 Aggravated Assault - Police OfficerWeapon (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 8/9/2016 Aggravated Assault - Weapon (Charge) TRAVIS CTY JAIL Travis* Texas Cuba 2/1/2017 10/25/2016 Aggravated Assault - Weapon (Charge) 14 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 12/23/2016 Aggravated Assault - Weapon (Charge) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 5/2/2016 Aggravated Assault - Weapon (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 7/11/2016 Aggravated Assault - Weapon (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 7/29/2016 Aggravated Assault - Weapon (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/15/2017 Assault (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/11/2017 Assault (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 3/5/2016 Assault (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 12/26/2016 Assault (Charge) TRAVIS CTY JAIL Travis* Texas Colombia 2/1/2017 12/24/2016 Assault (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 10/12/2016 Assault (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 10/27/2016 Assault (Charge) 15 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 12/23/2016 Assault (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 11/28/2014 Assault (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/10/2017 Assault (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 11/25/2016 Intimidation (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 11/7/2016 Simple Assault (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 12/2/2016 Kidnapping (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 11/12/2016 Robbery (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 12/21/2016 Robbery (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/20/2017 Robbery (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 6/9/2016 Indecent Exposure to Minor (Charge) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 8/7/2016 Indecent Exposure to Minor (Charge) 16 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 11/3/2015 Sex Offense (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 4/29/2016 Sex Offense Against Child-Fondling (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 10/27/2015 Sex Offense Against Child-Fondling (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/22/2015 Sex Offense Against Child-Fondling (Charge) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 10/3/2016 Sex Offense Against Child-Fondling (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/2/2017 2/2/2017 Carrying Prohibited Weapon (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 3/25/2016 Burglary - Forced Entry-Residence (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/25/2017 Burglary (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/25/2017 Burglary (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 2/1/2017 Burglary (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 10/24/2016 Burglary (Charge) 17 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/26/2017 Burglary (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/2/2017 2/2/2017 Burglary (Charge) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 12/12/2016 Marijuana - Possession (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 6/13/2016 Public Order Crimes (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 10/10/2016 Damage Property (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 8/13/2016 Vehicle Theft (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 12/5/2016 Resisting Officer (Charge) TRAVIS CTY JAIL Travis* Texas El Salvador 2/1/2017 1/19/2017 Driving Under Influence Liquor (Charge) TRAVIS CTY JAIL Travis* Texas Guatemala 2/1/2017 1/26/2017 Driving Under Influence Liquor (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 10/18/2016 Driving Under Influence Liquor (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/28/2017 Driving Under Influence Liquor (Charge) 18 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity TRAVIS CTY JAIL Travis* Texas Mexico 2/2/2017 2/2/2017 Driving Under Influence Liquor (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/8/2017 Driving Under Influence Liquor (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/21/2017 Driving Under Influence Liquor (Charge) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 11/21/2016 Driving Under Influence Liquor (Charge) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 1/28/2017 Driving Under Influence Liquor (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/30/2017 Driving Under Influence Liquor (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 9/6/2016 Driving Under Influence Liquor (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 9/13/2016 Driving Under Influence Liquor (Charge) TRAVIS CTY JAIL Travis* Texas El Salvador 2/1/2017 10/23/2016 Hit and Run (Charge) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 1/23/2017 Domestic Violence (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 5/30/2015 Domestic Violence (Charge) 19 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 8/28/2016 Domestic Violence (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 8/29/2016 Domestic Violence (Charge) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 11/30/2016 Domestic Violence (Charge) TRAVIS CTY JAIL Travis* Texas El Salvador 2/1/2017 9/26/2016 Domestic Violence (Charge) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 12/22/2016 Domestic Violence (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/12/2017 Domestic Violence (Charge) TRAVIS CTY JAIL Travis* Texas Nicaragua 2/1/2017 1/3/2017 Drug Possession (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 1/22/2017 Drug Possession (Charge) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 9/30/2016 Drug Possession (Charge) TRAVIS CTY JAIL Travis* Texas Honduras 2/1/2017 10/16/2010 Drug Possession (Charge) TRAVIS CTY JAIL Travis* Texas Mexico 2/1/2017 6/23/2016 Drug Possession (Charge) 20 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity WILLIAMSON COUNTY JAIL Williamson Texas Mexico 2/1/2017 12/30/2016 Assault (Charge) WILLIAMSON COUNTY JAIL Williamson Texas Brazil 2/1/2017 7/5/2016 Sex Offense Against Child-Fondling (Charge) WILLIAMSON COUNTY JAIL Williamson Texas Mexico 2/1/2017 1/24/2017 Driving Under Influence Liquor (Charge) WILLIAMSON COUNTY JAIL Williamson Texas Mexico 2/1/2017 9/29/2016 Domestic Violence (Charge) CHESTERFIELD CO. JAIL Chesterfield* Virginia El Salvador 2/3/2017 3/25/2016 Driving Under Influence Liquor (Conviction) CHESTERFIELD CO. JAIL Chesterfield* Virginia Guatemala 2/3/2017 11/16/2015 Forgery (Charge) HENRICO COUNTY JAIL Henrico Virginia Guatemala 2/3/2017 5/10/2016 Prostitution (Charge) RIVERSIDE REG JAIL Hopewell City Virginia Guatemala 2/3/2017 1/5/2016 Rape - Strongarm (Conviction) NEWPORT NEWS CITY JAIL Newport News City Virginia Honduras 2/2/2017 10/31/2015 Driving Under Influence Liquor (Conviction) CHELAN CO. REGIONAL JAIL Chelan Washington Mexico 1/31/2017 1/31/2017 Domestic Violence (Conviction) CLARK COUNTY JAIL Clark* Washington Mexico 2/2/2017 2/2/2017 Assault (Charge) 21 Detention Location County State Citizenship Detainer Decline Date Detainer Issue Date Notable Criminal Activity REGIONAL JUSTICE CENTER King* Washington Vietnam 2/3/2017 9/14/2016 Domestic Violence (Charge) SCORE-SOUTH CORRECTIONAL FACILITY King* Washington Guatemala 1/30/2017 12/19/2016 Assault (Conviction) SCORE-SOUTH CORRECTIONAL FACILITY King* Washington Honduras 2/3/2017 3/31/2015 Domestic Violence (Conviction) 22 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. Jurisdiction (AOR) Ithaca, New York (Buffalo) Date Enacted Policy February 2017 Municipal Code Change Travis County Sheriff’s Office Policy on Cooperation with U.S. Immigration and Customs Enforcement Resolution Reaffirming the Public Safety Function of Local Law Enforcement Boulder Municipal Code Title 12, Chapter 12-5 Travis County, Texas (San Antonio) January 2017 Iowa City, Johnson County, Iowa (Saint Paul) January 2017 Boulder County, Colorado (Denver) January 2017 Montpelier, Vermont (Boston) New Orleans, Louisiana (New Orleans) Criteria for Honoring Detainer • Will only honor “warrantless detainer requests from the federal government under limited, specified circumstances” such as violent or serious crimes or terrorist activities • • Willing to accept requests accompanied by a court order Willing to accept requests when the subject of the detainer request is charged with or has been convicted of Capital Murder, First Degree Murder, Aggravated Sexual Assault, or Continuous Smuggling of Persons • Willing to only accept some requests for notifications, I-247N form. • Will not honor ICE detainers unless ICE has an arrest warrant for an individual July, 2016 Fair and Impartial Policing • Will not hold individuals based solely on an ICE detainer February, 2016 New Orleans Police Department Manual • Will not honor detainer without a judicial order or criminal warrant Philadelphia, Pennsylvania (Philadelphia) • January 2016 Mayoral Executive Order (Reverts back to April 2014 policy) Willing to only honor ICE detainers where the alien has a prior conviction for a first or second degree felony offense involving violence and the detainer is accompanied by a judicial arrest warrant The order also prohibits notice to ICE of pending release of subjects of interest to ICE unless the above criteria is met Alachua, Florida (Miami) September, 2015 Sheriff’s Decision • • Will not honor ICE detainer without a judicial order or criminal warrant 23 Jurisdiction (AOR) Franklin County, Pennsylvania (Philadelphia) Arlington County, Virginia (Washington) Clay, Florida (Miami) San Miguel, New Mexico (El Paso) DeKalb County, Georgia (Atlanta) Clayton County, Georgia (Atlanta) Chesterfield County, Virginia (Washington) Erie County, Pennsylvania (Philadelphia) Lycoming County, Pennsylvania (Philadelphia) Montour County, Pennsylvania (Philadelphia) Perry County, Pennsylvania (Philadelphia) New Mexico County Jails, New Mexico (El Paso) Date Enacted Policy Criteria for Honoring Detainer June 2015 County Commission Decision • • Recognizes ICE detainers as non-binding requests, not mandatory orders Will not hold inmates beyond his/her release date January 2015 County Sheriff’s Office Decision • Will not honor an ICE detainer unless ICE first presents the sheriff’s office with a judicially issued warrant authorizing detention December 2014 Standard Operating Procedure • Will not hold without a judicial order or criminal warrant December 2014 San Miguel Detention Policies and Procedures • Will only detain if reimbursed December 2014 November 2014 County Sheriff’s Office Decision County Sheriff’s Office Decision • Will not honor an ICE detainer unless ICE first presents the sheriff’s office with a warrant or “sufficient probable cause” Will not honor an ICE detainer unless ICE first presents the sheriff’s office with a judicially issued warrant authorizing detention. November 2014 County Jail Policy • The county will notify ICE when a detainee is going to be released, however, they will not hold an individual for any additional time. • • • • Will not hold individuals based on the standard I-247 ICE detainer form Will hold individuals if an I-203 Order to Detain and an I-200 Warrant of Arrest form is submitted Will send a list of currently held individuals upon request Will allow ICE to inspect jail at any time and to ride-along with local law enforcement • October 2014 County Jails’ Policy October 2014 County Prison’s Policy • • Will not hold individuals solely on ICE detainers Will notify ICE two hours prior of an inmate’s release if ICE had issued a detainer October 2014 County Prison’s Policy • Will not honor ICE detainers October 2014 County Prison’s Policy • • Will not honor ICE detainers without a warrant or court order Will not arrest, detain, or transport anyone solely based on an immigration detainer or an administrative warrant October 2014 County Jails’ Decisions • All county jails in New Mexico will not honor ICE detainer 24 Jurisdiction (AOR) Montgomery County, Maryland (Baltimore) Prince George’s County, Maryland (Baltimore) Bedford County, Pennsylvania (Philadelphia) Butler County, Pennsylvania (Philadelphia) Westmoreland County, Pennsylvania (Philadelphia) Colorado County Jails, Colorado (Denver) Sarpy County, Nebraska (St. Paul) Washoe County, Nevada (Salt Lake City) Delaware, Pennsylvania (Philadelphia) Northampton, Massachusetts (Boston) Boston, Massachusetts (Boston) Jefferson County, Iowa (St. Paul) Date Enacted Policy October 2014 County Executive’s Decision October 2014 September 2014 Criteria for Honoring Detainer • Will not honor ICE detainers without adequate probable cause County Executive’s Decision • Department of Corrections will not honor ICE detainers without a warrant signed by a judge that demonstrates probable cause County Correctional Facility’s Policy • Will notify ICE of a probable release date if ICE places a detainer, but will not hold an inmate without a court order authorized by a judge • • Will not hold individuals solely on an ICE detainer Staff will not allow ICE officials to have access to inmates for investigative purposes without a court order or a “legitimate law enforcement purpose…that is unrelated to the enforcement of civil immigration law” September 2014 County Prison’s Policy September 2014 County Prison’s Policy • Will not honor ICE detainer without a judicially authorized warrant or court order September 2014 County Jails’ Decisions • All county jails in Colorado will not honor ICE detainer September 2014 County Sheriff’s Office Decision • Will not honor ICE detainer without a warrant September 2014 County Sheriff’s Office Decision • Will not honor ICE detainer unless provided with a warrant which could be issued without review by a judge August 2014 Correctional Facility’s Policy • • Will not hold individuals solely based on an ICE detainer Arrangements may be made for “in person” review of the policy August 2014 Mayoral Executive Order • Will not honor ICE detainer that is non-criminal and not subject to a judicially issued warrant August 2014 Boston Trust Act • Will not honor ICE detainer without a criminal warrant August 2014 County Jail’s Decision • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant 25 Jurisdiction (AOR) Iowa County, Iowa (St. Paul) Benton County, Iowa (St. Paul) Franklin County, Iowa (St. Paul) Marion County, Iowa (St. Paul) Greene County, Iowa (St. Paul) Cass County, Iowa (St. Paul) Montgomery County, Iowa (St. Paul) Fremont County, Iowa (St. Paul) Ida County, Iowa (St. Paul) Pottawattamie County, Iowa (St. Paul) Monona County, Iowa (St. Paul) Date Enacted Policy August 2014 County Jail’s Decision August 2014 County Jail’s Decision August 2014 County Jail’s Decision August 2014 County Jail’s Decision August 2014 County Jail’s Decision August 2014 County Jail’s Decision August 2014 County Jail’s Decision August 2014 County Jail’s Decision August 2014 County Jail’s Decision August 2014 County Jail’s Decision August 2014 County Jail’s Decision Criteria for Honoring Detainer • • • • • • • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant • • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant Will not honor ICE detainer unless individual has an indictable offense of the first, second, or third degree and involve one of the following offenses: o Offenses for danger to the person or community; o Offenses against property; o Offenses against others’ o Offenses against public order, health, and decency; or In addition, other offenses such as escape and eluding an officer or tampering with witnesses and informant will be honored • Ocean County, New Jersey (Newark) August 2014 Department of Corrections Policy • Union County, New Jersey (Newark) August 2014 County Counsel’s Decision Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant • Will not honor ICE detainer without warrant, court order, or other legally sufficient proof of probable cause from ICE 26 Jurisdiction (AOR) Franklin County, New York (Buffalo) St. Lawrence County, New York (Buffalo) Bernalillo, New Mexico (El Paso) Onondaga County, New York (Buffalo) Wayne County, New York (Buffalo) Rhode Island Department of Corrections, Rhode Island (Boston) Hall County, Nebraska (St. Paul) Middlesex County, New Jersey (Newark) Date Enacted Policy August 2014 County Sheriff’s Office Decision • Will not honor ICE detainer without warrant August 2014 County Sheriff’s Office Decision • Will not honor ICE detainer July 2014 Immigration Detainers and Warrants • Will not detain any inmate and will not delay the otherwise authorized release of any inmate, as a result of detainer requests or administrative warrants received by ICE. July 2014 County Sheriff’s Office Decision • Onondaga County Justice Center Jail will not honor ICE detainer without a signed warrant July 2014 County Sheriff’s Office Decision • Will not honor ICE detainer July 2014 Department of Corrections Policy from Governor • Will not honor ICE detainer without a warrant July 2014 County Corrections Decision • Hall County Corrections will not honor ICE detainer without a warrant • Will not honor ICE detainer unless an individual: o Is charged with a first- or second-degree crime; o Is identified as a known gang member; or o Has been subject to a final order of removal by ICE • Will not honor ICE detainer • Will not honor ICE detainer absent judicial authority July 2014 Clark County, Nevada (Salt Lake City) July 2014 Hennepin, Minnesota (Saint Paul) July 2014 Criteria for Honoring Detainer County Decision The LVMPD Will No Longer Detain Persons on Federal Immigration Holds Sheriff Stanek Statement on U.S. Immigration and Customs Detainers 27 Jurisdiction (AOR) Bradford County, Pennsylvania (Philadelphia) Nassau County, New York (New York City) Cambridge, Massachusetts (Boston) Hernando County, Florida (Miami) Harvey County, Kansas (Chicago) Butler County, Kansas (Chicago) Story County, Iowa (St. Paul) Sioux County, Iowa (St. Paul) East Haven, Connecticut (Boston) Sedgwick County, Kansas (Chicago) Finney County, Kansas (Chicago) Shawnee County, Kansas Chester County, Pennsylvania (Philadelphia) San Juan County, Washington (Seattle) Date Enacted Policy June 2014 County Correctional Facility’s Policy June 2014 County Sheriff’s Office Decision June 2014 City Council Resolution June 2014 June 2014 June 2014 June 2014 June 2014 June 2014 June 2014 June 2014 County Sheriff’s Office Decision County Sheriff’s Office Decision County Sheriff’s Office Decision County Sheriff’s Office Decision County Sheriff’s Office Decision East Haven Police Department Policies and Procedures No. 428.2 County Sheriff’s Decision County Sheriff’s Office Decision Criteria for Honoring Detainer • • Will not honor ICE detainer without paperwork that an individual has a criminal warrant or a criminal conviction Will not hold individuals solely for the detainer and will request further information should they receive a detainer • Will not honor ICE detainer without a warrant • Will not honor ICE detainer unless in cases where immigration agents have a criminal warrant or Cambridge officials have a legitimate law enforcement purpose not related to immigration • Will not honor ICE detainer • Will not honor ICE detainer without a court order or warrant • Will not honor ICE detainer without a court order or warrant • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant • • Will not honor ICE detainer • Will not honor ICE detainer without a court order or warrant • Will not honor ICE detainer without probable cause or a warrant June 2014 Sheriff Directive • Will not honor detainers without additional probable cause May 2014 County Prison’s Policy • • Will not detain individuals solely based on an ICE detainer Will allow ICE agents access to daily population reports and other records for investigative purposes May 2014 County Sheriff’s Office Decision • Will not honor ICE detainer 28 Jurisdiction (AOR) Date Enacted Lehigh County, Pennsylvania (Philadelphia) May 2014 Somerville, Massachusetts (Boston) Aurora Detention Center, Aurora Colorado (Denver) Clallam County, Washington (Seattle) Jefferson County, Washington (Seattle) Whatcom County, Washington (Seattle) Skagit County, Washington (Seattle) Bucks County, Pennsylvania (Philadelphia) Montgomery County, Pennsylvania (Philadelphia) Clark County, Washington (Seattle) Cowlitz County, Washington (Seattle) May 2014 Policy Board of Commissioners Resolution 2014-36 Mayoral Executive Order and Board of Alderman Ordinance Criteria for Honoring Detainer • Will not honor ICE detainer without a judicially issued detainer, warrant, or order • Will not honor ICE detainer unless ICE provides criminal warrant or if there is a legitimate law enforcement purpose beyond immigration status for keeping a suspect in custody after bail is posted or a judge releases the individual May 2014 Detention Center Decision • Will not honor ICE detainer May 2014 County Sheriff’s Office Decision • Will not honor ICE detainer May 2014 County Sheriff’s Office Decision • Will not honor ICE detainer May 2014 County Sheriff’s Office Decision • Will not honor ICE detainer May 2014 County Sheriff’s Office Decision • Will not honor ICE detainer April 2014 County Department of Corrections Policy • Will not hold solely on an ICE detainer, but will notify ICE via email of a pending release from custody April 2014 County Correctional Facility’s Policy • • • Will not honor ICE detainer Will not accept anyone brought to it solely on an ICE detainer Has daily contact with ICE April 2014 Chief Jail Deputy’s Decision • Will not honor ICE detainer unless ICE provides an affidavit of probable cause April 2014 County Sheriff’s Office Decision • Will not honor ICE detainer 29 Jurisdiction (AOR) Snohomish County, Washington (Seattle) Baker County, Oregon (Seattle) Clatsop County, Oregon (Seattle) Thurston County, Washington (Seattle) Wallowa County, Oregon (Seattle) Yamhill County, Oregon (Seattle) Union County, Oregon (Seattle) Tillamook County, Oregon (Seattle) Malheur County, Oregon (Seattle) Jefferson County, Oregon (Seattle) Josephine County, Oregon (Seattle) Grant County, Oregon (Seattle) Coos County, Oregon (Seattle) Springfield Police Department, Oregon (Seattle) Polk County, Oregon (Seattle) Lincoln County, Oregon (Seattle) Date Enacted Policy April 2014 County Sheriff’s Office Decision April 2014 April 2014 April 2014 April 2014 April 2014 April 2014 April 2014 April 2014 April 2014 April 2014 April 2014 April 2014 April 2014 April 2014 April 2014 County Sheriff’s Office Decision County Sheriff’s Office Decision County Sheriff’s Office Decision County Sheriff’s Office Decision County Sheriff’s Office Decision County Sheriff’s Office Decision County Sheriff’s Office Decision County Sheriff’s Office Decision County Sheriff’s Office Decision County Sheriff’s Office Decision County Sheriff’s Office Decision County Sheriff’s Office Decision Department Policy County Sheriff’s Office Decision County Sheriff’s Office Decision Criteria for Honoring Detainer • Will not honor ICE detainer • Will not honor ICE detainer • Will not honor ICE detainer • Will not honor ICE detainer • Will not honor ICE detainer without court order or warrant • Will not honor ICE detainer without court order or warrant • Will not honor ICE detainer without court order or warrant • Will not honor ICE detainer without court order or warrant • Will not honor ICE detainer without court order or warrant • Will not honor ICE detainer without court order or warrant • Will not honor ICE detainer without court order or warrant • Will not honor ICE detainer without court order or warrant • Will not honor ICE detainer without court order or warrant • Will not honor ICE detainer without court order or warrant • Will not honor ICE detainer without court order or warrant • Will not honor ICE detainer without court order or warrant 30 Jurisdiction (AOR) Jackson County, Oregon (Seattle) Douglas County, Oregon (Seattle) Marion County, Oregon (Seattle) Deschutes County, Oregon (Seattle) Clackamas County, Oregon (Seattle) Washington County, Oregon (Seattle) Walla Walla County, Washington Multnomah County, Oregon (Seattle) Philadelphia, Pennsylvania (Philadelphia) King County, Washington (Seattle) Newark, New Jersey (Newark) Date Enacted April 2014 April 2014 April 2014 April 2014 April 2014 Policy County Sheriff’s Office Decision County Sheriff’s Office Decision County Sheriff’s Office Decision County Sheriff’s Office Decision County Sheriff’s Office Decision Criteria for Honoring Detainer • Will not honor ICE detainer without court order or warrant • Will not honor ICE detainer without court order or warrant • Will not honor ICE detainer without court order or warrant • Will not honor ICE detainer without court order or warrant • Will not honor ICE detainer unless there is probable cause for such detention • Will not honor ICE detainer without court order or warrant Sheriff’s office will now only send a daily roster of foreign-born individuals in county custody instead of notifying ICE of each person individually April 2014 County Sheriff’s Office Decision April 2014 Special Order 2014-002 • Will not hold individuals on the authority of an ICE detainer April 2014 County Sheriff’s Office Decision • Will not honor ICE detainer without court order or warrant • • Will honor ICE detainer where the alien has a prior conviction for a first or second degree felony offense involving violence and the detainer is accompanied by a judicial arrest warrant Order also prohibits notice to ICE of the pending release of subjects of interest to ICE unless the above criteria is met Convicted of a homicide at any time in the past; Convicted of a violent, serious, sex, or serious traffic offense within the past 10 years; or Released from prison after serving sentence for violent, serious, sex, or serious traffic offense conviction, among other criteria Accompanied by criminal warrant • Will not honor ICE detainer April 2014 Mayoral Executive Order December 2013 Ordinance 2013-0285 ICE Detainer Ordinance July 2013 Newark Police Department General Order 13-04 • • • • 31 Jurisdiction (AOR) Date Enacted Policy New York City, New York (New York City) March 2013 A Local Law to amend the administrative code of the city of New York, in relation to persons not to be detained by the police department July 2012 Immigration Detainer Compliance Amendment Act of 2011 Washington, DC (Washington DC) Chicago, Illinois (Chicago) Milwaukee, Wisconsin (Chicago) Amherst, Massachusetts (Boston) Providence, Rhode Island Cook County, Illinois (Chicago) July 2012 June 2012 May 2012 March 2011 September 2011 Municipal Code of Chicago Chapter 2-173005 and 2-173-042 Resolution 12-135 Bylaw Regarding Sharing of Information with Federal Agencies Resolution of the City Council Ordinance 11-0-73; Chapter 46 Law Enforcement, Section 46-37 of Cook County Code Criteria for Honoring Detainer • Will not honor ICE detainer • • • • • • Requires written agreement from ICE reimbursing costs in honoring detainer; and that the alien is: o Convicted of a dangerous crime; o Convicted of a crime of violence within the last 10 years; o Convicted of a homicide; or Released in the past five years for these crimes Has an outstanding criminal warrant; Convicted of a felony; Is a defendant in a criminal case where a judgment has not been entered and a felony charge is pending; or Identified as known gang member Convicted of at least one felony or two non-traffic misdemeanor offenses; Convicted or charged with any domestic violence offense or any violation of a protective order; Convicted or charged with intoxicated use of a vehicle; Is a defendant in a pending criminal case; Has an outstanding criminal warrant; Identified as known gang member; or Is a possible match on the US terrorist watch list • To the extent permissible by law, will not honor immigration detainer requests • The State of Rhode Island does not honor ICE detainers • Requires written agreement from ICE reimbursing costs in honoring detainer • • • • • • • 32 Jurisdiction (AOR) Lebanon County, Pennsylvania (Philadelphia) Hartford, Connecticut (Boston) Clarion County, Pennsylvania (Philadelphia) Pike County, Pennsylvania (Philadelphia) Date Enacted Policy August 2008 County Correctional Facility’s Policy August 2008 Article XXI - City Services Relating To Immigration Status (Ord. No. 20-08, 8-1108) September 1997 Undated Criteria for Honoring Detainer • • Will not hold individuals solely on ICE detainers Will send weekly reports to ICE about newly incarcerated individuals, and allows ICE to access the facility and records • Will not arrest or detain a person based solely on their immigration status unless there is a criminal warrant County Corrections Policy • Will not hold individuals solely based on ICE detainer; requires legal and authorized commitment paperwork Correctional Facility’s Standard Operating Procedures • • ICE detainers are not acceptable commitment paperwork nor can be used as a valid hold Has a contract with ICE to hold those who are in federal custody pending immigration proceedings 33 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. Statistical Reporting 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, I247N, 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. 34 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. 35