WASHINGTON, DC – The Department of Homeland Security today issued the U.S. Immigration and Customs Enforcement (ICE) Declined Detainer Outcome Report required by President Donald J. Trump’s Executive Order, Enhancing Public Safety in the Interior of the United States, signed on January 25.
The report, issued weekly, highlights jurisdictions that choose not to cooperate with ICE detainers or requests for notification, therefore potentially endangering Americans. ICE places detainers on aliens who have been arrested on local criminal charges or who are in local custody and for whom ICE possesses probable cause to believe that they are removable from the United States, so that ICE can take custody of the alien when he or she is released from local custody.
During the week of January 28, 2017, through February 3, 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 Law Enforcement Agency’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- Note: Montgomery County Sheriff Joe Sampson called FOX43 News from Iowa to dispute the report. He says his county’s last ICE detainer was in October 2016 and he usually only sees 3 to 4 per year. “W e work well with ICE,” Sampson said. “We honor their detainers.”
Snohomish, Washington 12
Franklin, New York 9
Washington, Oregon 7
Alachua, Florida 5
Franklin, Iowa 5
Franklin, Pennsylvania 5
The report also lists the Lebanon County Correctional Facility, which a policy in August 2008 that limits cooperation with ICE. According to that policy, officials will not hold individuals solely on ICE detainers, but will send weekly reports to ICE about newly incarcerated individuals and will allow ICE to access the facility and records.
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.
