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Report: Local Law Enforcement Releasing Violent Criminals by Refusing ICE Detention Requests

Craig Bannister
By Craig Bannister | March 30, 2017 | 10:09 AM EDT

Local law enforcement is releasing violent criminals by refusing federal detainer requests, a new report by U.S. Immigration and Customs Enforcement (ICE) shows.

The new, weekly report created and required by President Donald Trump’s Executive Order 13768 provides data on local jurisdictions that refuse to honor ICE detention requests and the criminal records of those they decline to detain.

More than half (25) of the 47 individuals that jurisdictions refused to detain were convicted of, or charged with, violent crimes - including sexual assault (2) and domestic violence (6), the report reveals. Others had charges of Driving Under the Influence (2) and indecent exposure (1).

The majority (27) of the 47 persons who weren’t detained are Mexican nationals. Only two are European citizens, one from France and one from Hungary.

New York jurisdictions led all states in number of ICE detentions refused:

  • New York: 12
  • California: 8
  • Virginia: 6
  • Washington: 5
  • Colorado: 4
  • New Mexico: 4
  • D.C.: 3
  • Texas: 2
  • Florida: 1
  • Massachusetts: 1
  • Minnesota: 1

“When a detainer is declined, the individual is generally released back into the community,” the report covering February 4 through February 10, 2017 states.

The report also notes that it understates the actual number of detention requests denied:

“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.”