Oregon counties fail to comply with ICE detainers

Report highlighted local law enforcement agencies that didn't cooperate with ICE

In this photo taken Feb. 7, 2017, released by U.S. Immigration and Customs Enforcement, an arrest is made during a targeted enforcement operation conducted by U.S. Immigration and Customs Enforcement (ICE) aimed at immigration fugitives, re-entrants and at-large criminal aliens in Los Angeles. The Trump administration is wholesale rewriting the U.S. immigration enforcement priorities, broadly expanding the number of immigrants living in the U.S. illegally who are priorities for deportation, according to a pair of enforcement memos released Tuesday, Feb. 21, 2017. (Charles Reed/U.S. Immigration and Customs Enforcement via AP)

WOODBURN, Ore. (KOIN) — The Trump administration is stepping up enforcement on immigration.

On Monday, the Department of Homeland Security published a report showing which local law enforcement agencies failed to comply with orders from U.S. Immigration and Customs Enforcement.

The ICE report issued Monday is said to be the first in what will become a weekly publication.

“This report will be issued weekly to highlight jurisdictions that choose not to cooperate with ICE detainers or requests for notification, therefore potentially endangering Americans,” ICE said in a press release.

ICE Declined Detainer Outcome Report

ICE uses detainers to request local law enforcement detain illegal immigrants who have been convicted or even just charged with a crime. Detainers can be issued in response to a wide range of crimes, from traffic offenses to assault and burglary.

“When law enforcement agencies fail to honor immigration detainers and release serious criminal offenders, it undermines ICE’s ability to protect the public safety and carry out its mission. Our goal is to build cooperative, respectful relationships with our law enforcement partners. We will continue collaborating with them to help ensure that illegal aliens who may pose a threat to our communities are not released onto the streets to potentially harm individuals living within our communities.” – Acting ICE Director Thomas Homan

Monday’s report indicated there were 7 detainers in Washington County between January 28 and February 3. That means 7 people who were arrested by local police during that time frame should have been deported, according to ICE.

But that doesn’t mean local law enforcement agencies complied.

Washington County Sheriff’s Office responded to ICE’s Declined Detainer Outcome Report by saying it “does not accurately describe the difficulties or potential legal ramifications associated with honoring ICE detainer requests.”

The sheriff’s office cited an incident in April 2014, when a U.S. District Court judge found Clackamas County violated Maria Miranda-Olivares’ constitutional rights.

“Clackamas County honored an ICE detainer and held Maria Miranda-Olivares ultimately costing taxpayers in excess of $100,000,” Sheriff Pat Garrett wrote. “Additionally, any agency that honors an ICE detainer is subject to civil litigation.”

Since Miranda-Olivares’ case, Sheriff Garrett said all Oregon counties have stopped honoring ICE detainer requests. The sheriff maintains detainers are unconstitutional.

Woodburn community members came together Monday night to rally against ICE.

“Mothers and fathers who don’t seem to have much of a criminal record beyond being here in an undocumented fashion are being taken away from their families,” Zachary Harmon said. “The families are left to struggle and figure out how to provide for themselves, and I don’t see how that helps our country.”

Many local law enforcement agencies have expressed to KOIN 6 News that — even in the case of an arrest — they won’t proactively reach out to ICE.

There may be exceptions in cases of violent or extreme crimes.