Washington, DC - Tuesday night, the Department of Justice filed a lawsuit against the State of California to save lives and keep dangerous criminal aliens off our streets. For far too long, California has obstructed Federal law and put the interests of criminal aliens ahead of the well-being of American citizens.
When a foreign national in the United States illegally is arrested on criminal charges, U.S. Immigration and Customs Enforcement (ICE) can issue a “detainer,” a request that local law enforcement notify ICE before the illegal alien is released from custody. As a Sanctuary State, California refuses to honor these detainers and instead releases criminal aliens back onto the streets.
This policy of mass recalcitrance to lawful Federal authority not only puts innocent and law-abiding Americans at risk, but it also endangers the lives of the rank-and-file law enforcement officers charged with keeping our communities safe.
Below are just a few examples of the dangerous criminal aliens that California has set free, despite the lawful requests of immigration authorities.
- A citizen and national of Mexico was arrested by Santa Clara County for possession or purchase of controlled substances on January 11, 2017; he was later convicted of child cruelty, felony possession or purchase of controlled substances, and possession of marijuana. He was released from local custody. ICE arrested him on September 25, 2017, and removed him to Mexico on November 1, 2017.
- On Aug. 2, 2017, the Santa Rosa Police Department in California arrested a citizen of Guatemala, on charges of inflicting corporal injury to a spouse/cohabitant, and booked him into the Sonoma County Jail in Santa Rosa, California. ICE lodged a detainer the same day.The next day at approximately 8:12 p.m. PDT, a Sonoma County Jail sergeant called ICE and advised that the suspect would be released shortly. At 8:36 p.m. PDT, Sonoma County Jail emailed ICE indicating his release.The jail provided ICE with only 24 minutes notice before it released the alien, despite the fact that the jail is located about 65 miles from the nearest ICE field office. ICE did not arrest the alien due to insufficient time given to respond.On Aug. 18, 2017, the Santa Rosa Police Department in California arrested the same individual as a suspect in the murder of his alleged girlfriend. He remains in Sonoma County Sheriff’s custody with an ICE-lodged immigration detainer.
- A citizen of Guatemala and alleged gang member was arrested by SFPD more than 10 times between 2013 and 2017 for charges including rape, domestic battery, second degree robbery, assault, and vehicle theft. On each occasion, ICE requested notification of his release or transfer of the individual to ICE custody. Each time, ICE’s request was declined.
- On February 25, 2018, a citizen of Mexico, was arrested near his residence in Stockton, CA by ICE. On February 21, 2017, he was convicted of Lewd and Lascivious Acts with a Child under 14 and was sentenced to 180 days jail.
- On February 28, 2018, a citizen of El Salvador, was arrested at his residence in Vallejo, CA, by ICE. On November 27, 2017, he was convicted of Driving Under the Influence and sentenced to 25 days confinement and 4 years of probation. He has previous convictions for Theft and Driving Under the Influence.
- On February 26, 2018, a citizen of Mexico, was arrested at his residence by ICE. On August 22, 2017, he was convicted of Battery and was sentenced to 3 years of probation and 3 years of confinement. On February 8, 2018, he was booked into the San Francisco County Jail and charged with Driving under the Influence. ICE filed a detainer, which was not honored.
- On February 12, 2018 a citizen of Mexico, was arrested by ICE. Previously, in 2004, he was convicted of Domestic Violence and sentenced to 36 months summary probation. On January 11, 2017, he was convicted of Sexual Battery and sentenced to 36 months summary probation.
- On February 14, 2018, a citizen of Mexico, was arrested in Anaheim, CA by ICE. Previously, in, 2004, he was convicted of Lewd & Lascivious Acts with a Minor under 14 and sentenced to 45 days in juvenile hall. No detainer was issued following this arrest. On August 10, 2016, he was convicted of Felony Possession of a Controlled Substance for Sale and sentenced to 3 years’ probation. An immigration detainer was lodged, but not honored. He was removed to Mexico on March 5, 2018.