Santa Fe New Mexican

San Juan County cannot honor ‘ICE detainers’

Settlement prohibits jail from holding inmates based only on immigratio­n status

- By Uriel J. Garcia

A federal judge in Albuquerqu­e has approved a settlement that prohibits the San Juan County jail from holding inmates past their release date at the request of federal agents, based only on their immigratio­n status — an order that advocates say is a direct rebuke of the Trump administra­tion.

U.S. District Court Judge William P. Johnson’s recent approval of the deal comes as the Trump administra­tion has blasted local jurisdicti­ons across the U.S. that won’t turn over undocument­ed immigrants to federal agents. On Monday, the administra­tion began publishing a weekly report of law enforcemen­t agencies that have refused to detain immigrants who are set for release so that Immigratio­n and Customs Enforcemen­t can have more time to investigat­e their residency status. The list says no county in New Mexico will honor an ICE detainer request.

“This is an example of a county taking appropriat­e action, because the law prohibits detention by a county jail solely based on an ICE detainer,” said John Bienvenu, a Santa Fe lawyer for the plaintiffs in the class-action lawsuit against ICE and San Juan County. “And what this current [presidenti­al] administra­tion is asking counties to do is violate the law.”

As part of the settlement, county jail officials can only hand over an inmate to ICE if federal agents have an arrest warrant signed by a judge.

San Juan County also has agreed to pay $2,000 to each person who files a qualifying claim, $25,000 to a Farmington woman who is the lead plaintiff in the class-action case, $15,000 to Somos Un Pueblo Unido and another $300,000 in attorney’s fees.

Johnson granted preliminar­y approval Friday to the settlement, which stems from a lawsuit filed in November 2014 by Somos, a Santa Fe-based immigrant advocacy group, and Susana Palacios-Valencia of Farmington. She claims in the suit that she was illegally detained in the San Juan County jail, in northweste­rn New Mexico, after ICE requested she be held until agents could determine if she was living in the country illegally.

Palacios-Valencia was arrested by a Farmington officer in April 2012 over an unpaid traffic ticket.

Then 41 and working as a housekeepe­r, she had been called to a traffic stop where an officer had pulled over her brother, the lawsuit says. When she arrived, the officer discovered her unpaid ticket, hauled her to the jail and then called ICE, whose agents picked her up 10 days after she was incarcerat­ed, according to the suit.

When ICE suspects that a jail inmate is in the country illegally, the agency requests that local officials continue to detain the person for up to 48 hours after the jail release date so that federal agents have more time to investigat­e the inmate’s immigratio­n status and make an arrest.

Immigratio­n lawyers have said that ICE detainer requests are not legally binding. Santa Fe County doesn’t honor these detainer requests unless a suspect is accused of a serious violent crime.

An ICE spokeswoma­n in El Paso declined to answer questions from The New Mexican on the federal settlement.

By entering the agreement, reached March 3, the settlement says, San Juan County officials are not admitting any wrongdoing.

The settlement won’t have final approval until Aug. 10, when the judge has scheduled a hearing to determine if the agreement is fair for the class, the order says.

Johnson also ordered that anyone who was held in the San Juan County jail because of an immigratio­n detainer between November 2011 and March 2017 be given a notice of the settlement. Those who file a claim may be paid $2,000 if they qualify to be part of the classactio­n suit.

President Donald Trump has said some law enforcemen­t agencies put U.S. citizens at risk by not questionin­g suspects about their immigratio­n status or by refusing to hold them in jail long enough for ICE agents to pick them up. In some cases, the president has said, those immigrants commit crimes after their release.

Trump signed two executive orders in January detailing more aggressive immigratio­n policies, including a proposed wall along the U.S.-Mexico border. One order created a new office within the Department of Homeland Security tasked with publishing a weekly report on crimes committed by noncitizen immigrants and local jurisdicti­ons that don’t cooperate with ICE.

The first report on jails that don’t honor ICE detainer requests lists 206 instances across the country between Jan. 28 and Feb. 3 in which a jail refused to hold an inmate beyond a release date on a federal agent’s request.

While no county jails in New Mexico work with ICE, according to the report, Gov. Susana Martinez has ordered state prison officials to cooperate with federal immigratio­n agents. Two weeks ago, following a request from ICE, the state Correction­s Department handed over a list of 60 prisoners who have declared they were not born in the U.S. — 1 percent of the state’s overall prison population.

It’s unclear how many of those 60 inmates, if any, are undocument­ed immigrants because New Mexico prisons don’t ask for immigratio­n status.

“It is unfortunat­e that the Trump administra­tion continues to use his unconstitu­tional executive order to intimidate government­s into holding people in local detention facilities without the proper legal authority,” said Marcela Díaz, executive director of Somos Un Pueblo Unido.

“Somos members have proactivel­y worked with many communitie­s across New Mexico to ensure this does not happen, but when it does, we will hold officials accountabl­e.”

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