UPDATED: Anaheim Among Cities Listed In ICE’s First “Declined Detainers” Report

The Immigration and Customs Enforcement agency has issued its first Weekly Declined Detainer Report listing local jurisdictions that release undocumented aliens in their custody “notwithstanding that such aliens are subject to a detainer or similar request for custody issued by ICE to that jurisdiction.”

Section II of the report lists recorded instances of jurisdictions declining ICE detainers, broken down by individuals between January 28 and February 3, 2017. 206 detainers were declined by the cities on the list – including Anaheim.

According to the ICE report, the agency issued a detainer on January 18 for an undocumented immigrant from Mexico being held in the Anaheim City Jail – and whose “notable criminal activity” was a burglary charge. It was declined on January 30.

A request for additional information has been sent to the Anaheim Police Department; the story will be updated when a response has been received.

UPDATE (March 23, 2017): The Anaheim PD provided an explanation yesterday that sheds further light on the ICE report:

“Regarding the individual listed in the Declined Detainer Report who was arrested in Anaheim, ICE did not provide a name however a records inquiry indicates that APD arrested an individual on January 17, 2017 (the ICE report lists an arrest date of January 18th, but this is the closest match we found) for multiple drug charges and an open arrest warrant.  The warrant was for previous drug violations, providing false information and possession of burglary tools.  All of the new street charges, as well as the warrant charges were non-violent misdemeanor charges.  A detainer request was received from ICE after this individual was booked in our jail and processed.  That individual was cited and released on the new street charges and subsequently transported from our facility to Orange County Jail on the warrant, per our practice.  While we continue to work to verify the information, our records do not indicate that the detainer request was received for an individual arrested for Burglary as was indicated in the ICE report.  

Our policy, which is posted on our website and which we consistently point to when asked about our practice related to this issue, clearly indicates that we do not honor ICE detainer requests absent an accompanying warrant or probable cause declaration from ICE.  Our ability to effectively work with the community we serve to deliver public safety and police services is built upon trust and confidence.  That trust and confidence are eroded when the police department is perceived to be engaged in the enforcement of federal immigration laws, resulting in a disinclination to report crimes, provide information as witnesses and identify criminals to promote safety in our neighborhoods.  APD places great value in the relationships we have with all of our law enforcement partners, including ICE, and if requested to assist them in the field we would without hesitation and in a limited role outside the scope of federal immigration enforcement. 

Our policy is consistent with the California Trust Act, which was enacted into State Law in 2014 and limited the discretion local law enforcement could exercise upon receipt of an immigration detainer request.  Further, our policy is also consistent with the 2014 Bulletin to Law Enforcement from the California Attorney General on this topic https://oag.ca.gov/sites/all/files/agweb/pdfs/law_enforcement/14-01_le_info_bulletin.pdf.  The bulletin clearly indicates the requirement for adherence to the Trust Act, and cites a case in which another jurisdiction was found liable for holding an individual solely on a detainer without supporting probable cause.”

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