Santa Fe New Mexican

Feds cease reports on agencies not aiding ICE

Complaints on inaccuraci­es prompt temporary halt to so-called shame lists

- By Uriel J. Garcia

The U.S. Department of Homeland Security has stopped issuing a weekly report scrutinizi­ng local jurisdicti­ons that have declined to help federal agents identify undocument­ed immigrants held in county jails after a few cities and counties decried the reports as flawed.

The temporary halt to what advocates have called a name-and-shame list also comes amid a national debate over whether local law enforcemen­t agencies have a legal obligation to enforce federal immigratio­n laws, and as U.S. Attorney General Jeff Sessions has repeated a threat by President Donald Trump to withhold Justice Department funds from cities and counties that refuse to work with Immigratio­n and Customs Enforcemen­t.

Santa Fe, which was put in the national spotlight after Mayor Javier

Gonzales declared the city would stand by its nearly 2-decade-old policy welcoming immigrants, was singled out in the agency’s second and third reports.

In recent months, however, the Santa Fe Police Department has notified ICE about suspects that city police officers believe are dangerous to the community. The most recent case is Ronald Ayala-Santos, 20, a local restaurant worker with a history of bomb-scare charges. In response to Sessions’ warning last month about funding cuts for communitie­s that won’t cooperate with ICE, Gonzales said Santa Fe is following all federal laws.

The federal agency’s first report on local jurisdicti­ons said no county in New Mexico would honor an ICE detainer except for San Miguel County, where the jail would only honor such a request if it was reimbursed by the federal government. Another report specifical­ly named the Santa Fe County jail, saying it would not honor an ICE detainer request unless a suspect was accused of a serious crime.

The ICE reports also detailed crimes committed by immigrants. The last two reports listed six people in Santa Fe who have been convicted for crimes such as drug possession, drunken driving or assault.

The reports were compiled as part of an executive order Trump signed in late January, saying the federal government would single out cities and counties that refused to honor agents’ requests to hold undocument­ed immigrants in jails past their release date so federal agents could investigat­e their residency status. ICE compiled and released three reports under the order, and a spokeswoma­n said the agency would continue collecting the informatio­n.

“ICE remains committed to publishing the most accurate informatio­n available regarding declined detainers across the country and continues to analyze and refine its reporting methodolog­ies,” said Sarah Rodriguez, an ICE spokeswoma­n in Washington, D.C. “While this analysis is ongoing, the publicatio­n of the Declined Detainer Outcome Report will be temporaril­y suspended.”

Among the jurisdicti­ons that complained about inaccuraci­es in the ICE reports were New York City, Nassau County, N.Y., Franklin County, Pa., and Maricopa County, Ariz., where a new sheriff ousted immigratio­n hard-liner Joe Arpaio in the November election. Arpaio had honored ICE detainer requests, but his successor, Paul Penzone, said he will not honor them. Instead, Penzone has said, he will allow ICE agents to question jail inmates as they come in.

Officials from the other jurisdicti­ons asked the Trump administra­tion to take their names off the list because they cooperate with ICE.

Stephen H. Legomsky, an immigratio­n lawyer for the Obama administra­tion from 2011-13, said there’s still uncertaint­y about what cooperatio­n with ICE means under the Trump administra­tion.

For example, he said, it’s against federal law for local law enforcemen­t agencies to withhold from ICE a suspect’s immigratio­n status. However, he added, it’s “perfectly legal” for local agencies not to ask suspects for their immigratio­n status.

“The real question is what are jurisdicti­ons willing to do and what they’re not willing to do,” said Legomsky, a retired immigratio­n professor from the Washington University School of Law in St. Louis. “And I’m not aware of any jurisdicti­on that’s not following that [federal law].”

It’s also unclear whether it’s legal for jails to continue detaining an immigrant beyond a release date based only the possibilit­y that he or she may be living in the country illegally.

Federal judges in Pennsylvan­ia, Illinois and Oregon have ruled that it is unconstitu­tional for a county to honor an ICE detainer request without a warrant. And last month, a federal judge in Albuquerqu­e approved a settlement that prohibits the San Juan County jail from holding inmates past their release date on a request from ICE. Under the settlement, jail officials can only hand over inmates to ICE agents if an arrest warrant has been signed by a judge.

While various county jails in New Mexico have adopted a policy of not honoring ICE detainer requests, Gov. Susana Martinez has ordered state-run and private prisons in the state to allow ICE agents to question inmates who may be undocument­ed.

Bill Hing, a law professor at the University of San Francisco, said he expects the weekly ICE reports will return. He said the Trump administra­tion wants to continue to shame jurisdicti­ons that don’t honor the agency’s requests to detain inmates.

“I think there will be some jurisdicti­ons that will follow recent court rulings,” he said. “But most jurisdicti­ons will still cooperate with the detainers because they are afraid of the threat of losing federal funding.”

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