Clark County tops list of 'non-cooperative jurisdictions' on immigration

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The Department of Homeland Security released its first "Declined Detainer Outcome Report", which highlights the counties around the country that are not cooperating with Immigrations and Customs Enforcement detainer requests.

Advocates for immigrants say it is unconstitutional for local police to detain someone for a civil deportation proceeding when the judge in their criminal case has ordered them released on bail. A detainer is a request that local law enforcement hold on to individuals who ICE believes are subject to deportation.

More than half of the 206 cases listed are from Travis County, Texas, where the sheriff said ICE requests would not be honored because the county's jail "cannot be perceived as a holding tank for ICE". Bastrop County declined three requests and Williamson County declined four.

Foreign nationals are arrested in February during a targeted enforcement operation conducted by U.S. Immigration and Customs Enforcement in Los Angeles.

The report is part of the new reporting requirements outlined in President Donald Trump's executive order on January 25. The people ICE sought were natives of Cambodia, Mexico and Guatemala.

After almost declining an ICE detainer issued for a man accused of molesting a child, Hernandez said she would consider expanding her policy to include crimes committed against children and elderly.

These counties, cities and local law enforcement agencies have decided not to cooperate with every detainer for fear that members of the community will be afraid to cooperate with police, even in cases where they are helping to prevent and stop crime.

The information reflects that detainers were declined on immigrants charged with a variety of crimes, including driving under the influence, drug possession, sexual assault, robbery and indecent exposure to a minor.

There are also concerns about due process. The weekly detainer report is intended "to better inform the public regarding the public safety threats associated with sanctuary jurisdictions", he said in his executive order. Some jurisdictions feel that legally, without a warrant from ICE, they can not detain individuals beyond the extent otherwise dictated by criminal law.

The 206 declined detainers were noted in the week of January 28, but some of the detainers were issued long before Trump became president, including back to 2014. Though all of the inmates were charged, the data indicates not all of the inmates were ultimately convicted.

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